New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-04-23
THE COURTS.
IMPORTANT QUESTION AS TO MERCANTILE


PAPER.
The National Park Bank agt. The Ninth NJ
tiopGI Bonk~A draft on the National PARK bank ZOE
s4 20 Vas drawn by the Rdseey National BanE ,t oi
spnneaa s a9 in HSr q ,y Fly yome oe To-
ard a pyee made H. g. Fanchon and tho forger eraser
and ewroe the Cashiers name signed N 20 ts Rank Of
Kentucky Tho Lexington Bank indOrsed over 10 Tue
HinfH SatonaI Bank which Endorsed i and presented i
il on tie l2h Of April and did not discover dne ,UEeS
snt against the defendant TO reeover
the s6,2s6 80, the overpayment ON - tue n Hn
The defendants denured that admitting all the facts
they were notbound to refund the money as they we're
quite as nrocenr the plaintiffs and the plantiis We're
ery ON The demfer Judge sutherland. relying on the
OF Pree agt Neal decided by LORD d; s
the American affirming IT, held with the deien d
ants aud judgment the demurrer Tor the dct =,
The paints appealed on the aTgafs e % nd
on which the OF Price agt Neal rested was tnat n
bank bound to IN t te bank not
TO do So That negligence was rot alone suWceht
to put r91t in SsfaH mu when TIE rnce
esOppe would arise as II bank stated to person VINO
was doubt whether TO advance money not on cneck
that IL Was good Bat in this case there was no sucn
injury to the defendant They must refund TINS money
hat The check was good and admitted to be good for
sII 90 and to the part for which 1t was forged ne
hody OF the draft there certainly equal negligence
in those through whose hands had passed In not dcoy-
erng the alteration, especially considering tnat unaer
the modern system OF banking the banks presenting
paper were understood guarantee at least everything
but the signature. Tho defendant s TO submit his points
n
THE UNION PACIFIC RAILROAD LITIGATION.
This case came on for argument In the U: ,.
Circuit Court before Judges Nelson and Batch
ford sIantiay the OF an appeal from the
decision Of Judge Batchford Counsel on both sides en-
be presented counsel for the Railroad Com,
pany desiring it to come up u,nn in the er snfpSa
by the Supreme Court Of the state OF New,
York the nth OF July SCs F 5s PSat
should in the form Of motion that the papers on me
ID TO the supreme Court OF the State of New
Yorkor. in other words. virtually motion to remand r
II was finally determined to hear argument
on both motions, treating them as cross,
for the Company contending that
1t resided wholly in the United states crcuit Court ana
counsel for Mr. Fisk cOntendng that the Superior Court
Of the state OF New York had original and complete urs
dictCn Of the main subject matter OF the s1t GE nere
Counsel for the Company OPENED the aigament oy a
Ts Sd a OF t ls COURT 'I the eang facts in the
viewed from tire standpoint taken by tho Company,
ent Of the injunction of July II, 1863. aud In relation TO
the petition TO Judge Barnard for removal OF the cause
tIa The Injunction was void for want jurisdiction and
that tire removed TO the United States Circuit
Court by force Of law as soon as the petition, was
petition by Judge Barnard was OF non.eiect,
The case being removed by operation of statute,
despte any action Of Judge Barnard. The counsel
timed at considerable length going over the lalhlnas
facts Of the case but in arguing upon he presented
Counsel for Mr.. Fisk commended that the company;
throu counsel had - late last March treated
the Gaze their voluntary acts being IN the supreme
Court OF the State OF Newlork and further commended
thar the bond had been regularly and properly hed by
The Company the Supreme Court OF the state OF New
York the time OF presenting the petition 10 Judge
Barnard removal Of the case TO the United States
Circuit Court .I'.
Counsel for the Company said that as special caution
they had further steps the cause, AFTER
filing the petition for removal with Judge Barnard
Counsel FOR h Fisk commended that 70 entitle e0rpo
ration or member OF H. tn removal either the corpora
ton III ust be- sued for aUiy, or the member must he
laws 81 tic United States; but that not this ease,
and there WAS therefore authority TO remove IL.
HE argument will be resumed this morning