The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-12-24
VIRGINIA NEWS,
Important Decisions,

inst: 'A
Liability Of E,dmsers.-In swetnam ~
| Rowe, Rowe was sued az endorser of a ne
| ootiahle note, bearing date on 1st OF Jan.
uary, 1852. and payable six months after
date at the Bank Of Virginia, Fredericks.
! burg. When the note fell due the town
| was occupied by the enemy. and no notice
| at the d'shonor of the note was given to
| the endorser, nor was any notice given to
nina, MN at any time thereafter. Upon de.
murrer to the declaration 1t was
insisted that the act of May 1865.
required that notice Of dishonor should
| be given to the endorser scithin ten 6o,s
after the occupation ceased, and that SWEET.
nam having failed to give said notice, had
lost his recourse. against Rowe. In replv
II was urged that the ordinance Of the Con-
vention passed on the oath OF June, 1861.
dispensed With notice where the town was
| occupied at the date of maturity, and that
| to eonstrue the act Of May, 1862. as having
aTefTospect,ce operation was to bring it In
direct conflict with that provision of the
United states Constitution which prohibits
10 the states the passage of any law impair-
ing the obligation Of a contract.
The court decided that at the date of the
note the ordinance Of the Convention
dispensing with any notice to endorsers
when town was occupied nv the enemy
where the note fell due was the lao of their
contract, and that the Legislature could
| not subsequently impose any new condition
upon the holder such rs that he should
give the endorser notice aoithtn ten days
after the occupation ceased; and that il
| said act Of May, 1862, was designed to have
a retrospective operation, it was uncnnsti.
tutional. Hence it overruled the demurrer,
and Judgment was rendered for Swetnam
The case was argued by st. Geo. K. Fitz.
hugh for Swetnam and VIM. A. Little for
| Rowe.
| Quasi Bdnkruptcy.-Jn Armat and ais
Us. Exchange Hotel Company, the com.
pauy executed deed of trust in 1866.
TO secure the sum of $4,000 borrowed at
the date of The deed from the National
| Bank to complete the hotel. The larger
portion Of said sum was expended in i'm.
proponents TO said property, and was lent
by the bank without any knowledge Of the
existence of any debts due by the company.
But 1t appeared that the complainanrs
debts were created as early as 1861, but no
judgments had ever been obtained until
after the deed of trust was recorded. They
| filed their bill claiming that under the Sth
sec. Of chap. IS OF the Code, the deed OF
trust for the benefit Of the bank enured
ratably to the benefit of all the creditors
existing at the time. The court decreed
that the deed WAS under the statute quasi
act OF bankruptcy; and that the whole sub
jJect must be subjected to the full satisfac.
ton OF the debt due the bank and the com.
plainants ratdbly, before any subsequen.
creditor could come upon the property.
INTERESTING DEc1s1oN.-At the Decem.
Der term of the County Court of Fairfax,
held this week by Judge Cockerille, there
was decision of the court interesting to
Ilustlces in the case Of Jenkins VS.. BiXler.
The plaintiff claimed a debt of S51, and in
order to give the justice Jurisdiction abated
or released 81 and warranted for $50. On
Judgment an appeal was taken, and court
sustained the point, deciding that plain.
| till may release a portion of his debt and
warrant for the residue, though he would
not be allowed to divide it and bring seve
raj warrants, covering an amount in gross
exceeding the Justices jurisdiction.-Aler
| Gazette.
THE stockholders of the Richmond and
| Danville railroad have authorized their
Board OF Directors to adopt plan for build
| ing line of railroad westward from Dan,
vile, subject to the action Of the stock
holders. This news is certainly important
as implying an abandonment Of Colonel
Flournoy's plans with regard to his road,
which will thus be superseded. The new
move is said to be headed by W. T. Suther.
lin. who is scheming to defeat Johnston for
the Senate, and its value is in exactly inverse
proportion rs it is intended to promote his
chances for the Senatorial succession. We
opine no well-balanced mind will suffer the
| least disturbance of its equilibrium by these
movements. Judge Johnston should be re-
! turned to the Senate, and if the labors OF
| Mr.. Sutherln can be secured in no other
way than by the abandonment OF Judge
Johnston they should be prepared to lose
them. Let the people OF the Southwest
treasure up all these things in their hearts.
Colonel Flournoy is against johnston
Bristol Netcs, 22d.
We protest against this mixture of rail-
roads and Senatorial aspirations, and eX-
press our belief that Major Sutherlin and
Colonel Floulnoy will both deny the charge
brought against them.
THE ELECTION OF SESAToR.-We an-
tnounce ourselves in favor of the reelection
of lion. John w. Johnston as one Of the
senators of Virginia in the United States
Congress. Judge Johnston has thoroughly
identified himself with the interests Of his
constituency, and has labcred in their be-
half more a>sduously and effectively than
any other representative Virginia has had
in Washington since her readmi>sion. lie
is, of course, thoroughly Conservative IL
his feelings and politics, and fully deserves
the trust that has been reposed in his hands
We could urge many cogent reasons why
we think <him entitled to reelection but
1--WE feel assured that his record in Congress
is already sufficiently well known and highly
appreciated by the people and the members
OF the Legislature, to make their presenta
ton unnecessary. In saying so much, We
feel sure we echo the opinion of the great
body of the citizens Of Bedford, and OF a!
this section of Virginia. Sentinel
| Our contemporary, the Petersburg IndeT
thinks that "new movement" Is ncces
sary for the Conservative party OF virginia
and calls upon the Central Committee tf
assemble a State Convention. The Inde'
| desires that the party should have posi-
live PLATFORM" and that every issue SHOULD
be clearly defined.
We agree with our able and esteemed CO
Temporary of the linden, that every issue o.
the Conservative party should be clearly
defined; but they appear to US 10 De wei
enough defined already, without any new
convention. "Opposition to Radlcallsm
is a broad and firm platform, upon Wnlcf
all patriots and true men can STAND, ~nat
ever their party artecedents and afillatloh'
may have been. We cannot 60 before the
people with any declaration OF princlple:
more certain to secure their unlteo au.
hearty cooperation. There is no need lol
any new departure in Virginia just al pre-
sent, We rather favor convention, now
ever. to supersede and upset the small
| CLIQUE which assumes, from headquarters
in Richmond, to control the Conservative
party of the State.-Bedford Sentinel.