The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-22
WASHINGTON, Nov. 81, 1870.

U"scfuheu Checlxs-Ille2al ExactiOn oil Kew
cnne Taxcs-A Mexican Land Grant Som
6rmed.
WASHINGTON, Nov. 81, 1870.
No. I'll. rhe National BANK or the Republic as.
Aitaiu-Error 10 me Skpreme court or ne
Dtsoics Of Couot0ia.--Tne defendant in error
sueu 'hs panS on check drawn In his favor by
paymasteT In the army on the bank against funds
TO the credit OF the drawer. Among other matters
inc Court below refused TO charge the jury that
Miliard could not recover unless the de-
i &c me bank, had accepted or promised
piainiiu. As the bank brought tho case here this
Souro now reyerses the Judgment. holding that the
Holuer VI bank cneck cannot sue the bank Tor re-
1usng payment in the absence oil proof that IL was
accepted by The bank or charged against the
drawer. the relation OF the banker or customer IL
simply tnat OF debtor and creditor, and does not
parlaAe OF judiciary character There caa be no
foundation Tor an action on the part OF the holder
unless taere IS a proyidi OF contract bet gecn him
anu tne banS, ana there can be no such pr0yldi
Will wy y. 9sak Owes no du'y am y unaer no opii-
on the credit VI the drawer, and the bank IL not
connectet with the transaction. Mr. Justice DAVIS
delivered tue opinion.
No ga. Broom u.s. Sritr,retf-- Error 10 the CIR
cut CoartJor the District or Ga,Naad.-Thls action
was brought TO IRON the defendant, as col
lector OF internal revenue, certain money alleged
TO have been i'll egaly eXacted of the plaintiff FOR du-
ties. The Court below held that the action was
barred by the statute OF limitations OF rhe State or
Maryland. The writ OF error m .lntained that the
acton was In time, and tha the had been ille
raly removed from the State TO the Federal Court.
The Gourt find the plantd had, by hts own laches,
lost his right OF action and that the case was pro-
perry removed the Circuit Coart under the act OF
Congress Tor that PURPOSE me Judgment Is at
ftrmed. Mr. Justice Strong delivered the opinion OF
the Court.
No. 2l3 me Washington Alexandria ana george.
torn Railroad Company IS. me Mayor, &C.,
or Washington, aad the Bradieps--Appedt from
the Supreme court OF chs District or Columbia
The appellants obtained preliminary Injunction
below restraining the BridleYs az trustees, from
selling the railroad As formerly chartered under the
laws OF virginia 10 sec1re payments or certain
bonds Issued by the cd company and guaranteed
by the city OF Washington ras Injunction was
subsequently dissolved. Tue appeal insists that
order dissolvng was error. The Cours sustained
tins view OF the appellants anu reversed the decree.
Mr. Justice Swayne delivered the opinion
No. 2o4. Roland and HonolyC u.s. Tie united States
Appeal from ne District court Of Cotjoyac This
was claim for nine leagues OF land about 40 600
acres, in the county OF Santa Clara Cal, under the
Sobrante Grant Of May, 1916. The claim was re-
jected by the Land Commissioners ana the District
Court Tor various reasons but ths decision OF
the Court below Is reversed 10y this court and
the case remanded, with directions 10 enter
u decree confirming the claim. The Court
nnd maj claimants possessed rlghc or pro-
California came into The Union, and thai. a con-
sequence. their claim is valid and should be con.
iirmed. Mr.. Justice Field delivered the opinion Of
the Court dissenting, Mr.. Justice Davis.
No. 222. GntaeR Us. Bd'd Administration, ri al,
ana cross Appeal from Ute supreme court Of the
DtsEic OF ColuabtG.The original bill in this cause
was filed to obtain settlement OF a copartnership
account. The appeal alleged errors in The adjust
ment and the appeal also presented the same.
The decree from which GunDeli appealed was
afirmed, and the cross appeal was reversed. Mr.
! Justice Miller delivered the opinion.
| No. 2is. Huzetaurst ant Wei9asd os. me
Steamer Lutu--Appedt from The Circuit cout for
the District or MaryIond.-This was suit in al
| miraty 10 enforce claim for repairs done tn
steamer at the request OF the MASTER The decree o
the Distr Let Court was for the hbelant, tho cour
taking the view that the repairs were needed anC
tnat they were done on the credit or the snip. The
Circuit Court held that upon the whole evidence the
repairs were done upon the credit OF the MASTER and
not or the Ship and reversed the decree or the Dis
trict Court This court sustains the decree III the
District Court and rcmaAds the TO the Circuit,
with directions TO enter an order All ming that
cree. Mr.. justice Clifford delivered the opinion.
The confiscation cases. the cotton tax case and
other important cases. which were ordered at the
last session or the court for argument ON the first
Tuesday IN December next, were put over nnti the
first Tuesday In February.
IL was announced that the court would adjourn
over from Wednesday OF this week unti Monday