The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-02

limits OF the state creating them Il ID hold that the
o.ness OF iSsiiing insurance policies pak OF
commerce. Tnero ID nothing entering into ne
Ter Is one simply o. contract, and alectlne noHoas
ons ING parties 30 IT, Tho judgment peaow was
Liabilities OF staten Guaranteeing Bank Oh.
cl'aiion.
80. Io8-Far9faan Green 90 al, pyaiattg in error.
o. me CisrS or Dasidson county, Tenn. Error to
He supreme court Or 7ennessee.-Ths cause was
argued at the last session tho court In 1888 the
Ls,s.atase OF ieanesseo created the state Bank Of
rc.a ani Provided that .s Issues should be
circulation. ~ an act Of the reconstructed Lega-
sssafe OF 1860 tins act OF 1888 was repea,ea
was concerned in August, 1895 tho p,a,ntt;is
III error a3piel to tho County CLERK for the Accuse
chants aad rendered Tie bills OF this bank ISSUED
psof 70 LAY y isJ before secossloul In payment.
Diis Were not az par. Appncat,on was made for q
NUMEROUS :, compel the cerN TO accept tho bits
fused, and me cause was brought mere under the
naica'y act It being Claimed that tho law OF 1885
Established na contrast bstwsaa the sate ana.
lion Of the court, which having been
opinion proceeded to the merits OF the case holding
tnat tic ect Of 1888 created contract when would
STATE haa guaaltecd the cifculaton or the State
pank aud pledged to receive ils bills Tor taxcs.
issued by the bank prior TO tao repeating act and
before the rebeliiOB, the effect OF whch there
fore LOT considered fiere was no question, then, as
10 the eiect Vi ITO repeailng ACT upon them, what
ever 1t might TO IA 10 tue Oils ISSUED by the Bang
afler the state hld Withdrawn It's pledge ana guar
aztec by the acJ OF repeal. me money rendered
WAS such ~ the STATE bound To receive in gDod
fait. to Inc citizens and inc writ Should therefore
issue. Tho judgment was reversed, with directions
TO the court oeluN 10 ISSUE tho writ. MIR. Justice
Davis Delivered inc opinion.
Federal Jarisdicti6H in Foreign Waters.
No. 152.-S,eanstug james IL Eagle rs. Frazer,
Gunner Of the Brig General Worts.-Appeas from
tte Circuit court ,or the Eastern Dfst,fc, OF
4tchtgan.-Ths lipei was nlcd by tho General
North to recover damages done to the brig wnie IN
the COW OF the tug FROM the waters between lakes
Earon and ST. Clair 20 Lake Erie Both the brig aud
the ting were American vc55e3 and the question at
the Circuit vas whether the damage haylag been
done on the Canadian side. the court had Jurlsdo g
ton, ihe Di5Ifict Court mad disposed Of tho caus3
on Tie merits Ii FAVOR OF tho hDeonis the quest. N
OF jurisdiction not being ralsed On appeal the
Circuit Court tho appellant abandoned the case
on the merits, aad INSISTED oa the point Of juris-
aiction, wi:n was decided AGAINST nlm, .nd
insiated that in Canada there was no law
Establishing o hen for the damages complained OF
ana as mere was no sucn laH in that country ING
courts u the I'm cd states had extra territorial
Jurisdiction 10 create o.e. The admiralty lien bela1
~ % "a and not Us 20 rem. the hen must depend
Occurred H. Justice Neisoa now de!ivereI tiis
opinion OF The Court. nou.ng tiat By the eighth
Unitei states were gwen lurssiiction oil the wates
where TIC damage Occurred, the came cases o.
American vesse.s on the h,s.. seas The Jurisdiction
W@s lnsieiufe sustained aud tue judgment OF the
court below Affirmed.
The Beiawar, aud HGasan Canal Company
VS.. NE Ecnasy'vausa Coal Company.
No. TO- TIE PTestletG G:c.. OF ne Deldaodyr ana
Uac5&o1 canal Company rs. me Pennsylvania coal
co Rpn'sy IN Error 10 the District court fo7the S0a.
es Distict or Neto YosTGis was an action OF cove
Y, !n
inuenture made between tna two companies In 1851,
wnercoy the coal cDnipauy was substituted IN the
pace OF tne wyoming A5eocat0n, under IN agree
lasnt between tho LASER COMPANIES, made IN 1877 by
which the coat conaan. assuneu ali the obgGt ems
.!8hsS aid interest; OF tie association. This Goa.
tact provided Tor THE use OF the canal at certain
IL by railroad Proposed oy the coal company,
ahd waoh was ..tarwsrla coma seq and operated
as 10 tots, &c. subsequently the Ere Railroad
having Competed II br.nch OF their own road
pa Us roai with the cansl, tho coal company
transported thsr coal TO market TINS branch Of
tiie Erie haroMd aud CO Ascd TO use the canal ior
tBaL purpose. In two years Thereafter, the date
u ,he sut tho canal c,npany claimed to have lost
$50 0o5 b. reason Of THIS INVERSION OF the coal over
IL III ts oi y0Ass az S 81 ~ ss'ff Rs 81,
was to Obtain such a construction OF the COZ.
tract. lhe defence was that there was no Intention
to eater Ito saea ..efpeilal osnirAct; and il
i4sis.ed tha, eyea II ~ nai been SO agreed. tie
toa5. aad hal taus iatel to perform az
cUrlin3,y. The cuurs below held on de-
MuTfer t.lal tao argument c0utaiued no such
coycn ints rs canned ~ the cana! COMPANY,
and gave udImeat for tee defend ant in error. ihu
eouri now aalrincl suaC JUDGMENT tir. Jus..ce Clu.
lofd deltVerng Tue o.iAioi IL was uot con sldercd
b. any sound rue OF couSrrc contract could
he so interpreted 10 establish any SUCH covenant az
vac caasl coilpaey caIaed.
Mis- ;eiitsncusss Decisions.
No. 1H IN error ~ ne 5tszreDae COurt Of the Dis
rfct Of Co.unl6n.-jud Tinent affirmed by a decided
Conrt On question Of ne regularity OF the proceed
pgs and OF the evidence.
No 1919. CtarN ~. Regb,y'n.--Appeal from the
Great Cour! for the District OF Kansas. This bill
was hied to fcreclose mortgag, upon certain prop.
cided were Of pleading aud judgment. Mr. Justice
Swayne DC iVered The opinion Of toe Court reyerS-
Ing The jnd gnon6 below a1d reman ing the case.
NO. l5i. MAJOR ~ Williamson Error 10 the
Stt1yf5ne C)ttrt ar the bt,trsCt or Col i1nbi1.-ME
Joslice dliier delivered the opinion of tue Cours
a,Jfniins the Juds4Aent below. "A question Of evL
dence
NO. l53 MUS u.s. Sntth--In Error to the CirC,tN
court ~" the N7rtht7n DISTRICT or mn ,is.-Mr Jus.
tIce Gricr Delivered the opinion OF the Court afra.
ing the judgment below. this action was an
ejectiiient III respect 10 certain Ian Is III Illinois,
NO. l16. breaky CT nj. VI. Greg et al.-Argument
q. 3. samson, OF iHinols was admitted to the bar
to-day.
H0i. Thomas Ewing was present In court during
the day.
CGaiaA" AID "nUjs0"
o: the Two Roads Yesterday.
The Hcdson river railroad stockholders yesterday