Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-12-05
U. S. SUPREME COURT.
Important Decisions Recently Rendered

Important Decisions heceRay hehuefeu'
WASHINGTON, November 30.-In
the Supreme Court to-day the follow
ing decisions were made:
No. 6. (Original. THE State of
Texas against White, Chiles and 9th
ars. The Chief Justice delivered the
opinion in this cause, holding that the
thirty-fOur bonds, commonly called
indemnity bonds, and one hundred and
seventy coupons presented for re-
demptiun al the Treasury Depart
menI by the defendant, HardenbUrgh,
witt Il. W. Taylor, to secure the Sec
70, .qry of the Treasury on the pay
yuanl Of the indemnity bonds, are la
ne iB equity to the claim Of the State
.of VaxaS f., the extent Of the value OF
tbe indemnity bonds, which is found
10 be S3S. $50. The decree is settled
accordingly, ana Taylor Is directed to
sell, and is appointed q special master
for that purpose, so many OF the five
twenty bonds as may be necessary TO
produce the sum required and p2y II
over 10 the State of Texas, and deliver
the balance OF the bonds to Harden
burgh, and report his proceedings TO
the Court within ten days from the
first day Of the next term. As II
does not appear from the complain
ants bill that the State Of Texas has
any interest in four other bonds re-
naming, ia respect of which further
hearing was allowed to Birsch and
Murray, the bill, as 10 those bonds, is
dismissed.
The theory Of the opinion is that
there was no payment by the Treasu-
ry Department, but merely an eX-
change of securities, The particulars
of the case are familiar.
No. l0G. The United States VS.. Geo.
". Lane; appeal from the Court OF
Claims. Lane made contracts with
"A sub-agent Of the Treasury at Nor
folk to procure cotton for the Govern
ment on the ChOwan river, n. e.,
within the rebel lines. The voyage
was proceeded with under safe con-
duct from the same authority, and on
the return with 257 bales of cotton the
vessel was captured by the naval
forces under Admiral Porter, and de-
tanned about two months, when, by
order OF the Secretary Of the Treasury,
tbe cotton was sent to New York to
he sold. and the vessel was sent 10 the
District OF Columbia for adjudication
in a prize-cOurt. Upon the hearing OF
th6'case in the pTiZe-cOurt, the cotton
zUas restored 10 Lane, in New York,
by order of the Secretary OF War, but
the price Of cotton having fallen IN
she meantime, this action was
brought to recover the difference In
value. the amount claimed being
81 .625 "a. The Court of Claims gave
Indictment for the plaintiff, and thC
Government Appealed, and TINS COurl
,oV held. Mr.. Justice Davis deliver
ing the opinion, that the contract De
tUaeu the claimant and the sub-ageni
6f the Treasury was unautbOrlled pS
any law, and, on the contrary, was II
violation of law. There was no aii
thOrity i'm the Treasury regulation
for the contract made, ana any suei
regulation, if existing, would nave
been void as licensing or authorlziht
trade between public enemies, a lhliit
nat contemplated nor intended D.
Iougress. and unlawful by uniYer5a
consent. In this view Of the case
xvas deemed unnecessary TO consider
the question of the liability OF th'
Govercment for the act of its navy
officers in the matter of the detention
The Judgment Of the Court of Claims
was reversed ana the cause remanded
with directions to dismiss the petition
No. 300. The Travellers Insurance
Company vs.. Mosley-ETror to th'
Circuit Court for the Northern DIS
frict OF Illinois. The defendant IN er
ror is the widow of one Mosley
and brought her action TO recover
upon an accidental policy OF INSURANCE
issued upon his life and payable Z
her. The defense was that the deati
of the insured was oceasioned by dis
case and not by accident. The CLAIM
was that the insured had died from IN
;nries sustained by falling down stairs
Ind tbe court below admitted the de
ciarations of the deceased at the tim
of MS injury and during his Hines
Thereafter as to the cause of has InJu
RES res and the nature of the suffering, II
other person having witnessed the az
cident. This evidence was o9jeete
10 ~ bearsay, and inadmissible, By
sSss ~ 81 admitted, and the verdict was ic