New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-28
THE COURTS.
United STATES SUPREME COURT.

WASHINGTON, Feb. 60 William Gunfon and
others Trustees Of me Bank Of Washington ag JosepA
CoiuDbtd-The bill IN this case alleged that Mock being
United states entefea no contract S Win sersee q the
dali, then Postmaster General, for tho supply OF the
agreed with the appellants Confederation a. @
tain advances 10 be made by the bank the advancn.
further appears that subsequently, the Goyes,.
failed TO pay the proceeds OF the contract and that liz
appellants aferward made further advances In and Of ne
prosecution OF the appellees claim upOD tho s,n1a,ia
mat tey snGud pe nst PAD all demands out Of snT
amount Ieceieou iIom me Government. These acre.
Inents were several times renewed. The bill pravo M.
appellee be decreed trustee for tHe thaI u,s
ana ne egoed rom collecting his ludgrnon, Sans Ls
OF their Hen The answer set MP matter I'm avodco -:
the arguments, by allegations Of fraud and
alton, and averred that the renewals OF the ar,y,
were mutual obligations, and being signed Only wv ~.
appellee were yoid not being signed by any author
lied TO bind the bank for the advances required ky
their express terms, and which the sole moving con
sideration 20 the appeee for their execution Tic ~
o. the special term Of the Court for the usees
but the General Term set aside and dismissed the biz
The case comes here for review tho appellants insisting
that the bank performed all the requirements OF the con
tracts and renewals and thus established the lien. Ta
bank, IT is asserted could legally acquire the lien IN 70
spect Of any claim except such ere allowed by resOu
ton Of Congress under the act Of July 1885, aud the act
81 fe9pualg, i'I5 aPpes OILY 40 W. sinetts l"s aer
chancery attached to compel its payment W. ID.
Joseph o. Willard agt. Presb,vy, Sykes d Chad,clck.
and Joseph C. UHtaJd agt Henri 4. Willard d aL-Ap-
peal from the Supreme Court OF the District Of Column.
bra. The equity alleged IN the former bill j. that Pre-
bury, sykes Chadwick, as lessees Of WIZARDS Hotel.
bound by their lease 10 pay all taxes on the prop
erty; that Joseph c. Willard the appellant, aud Il
the lessons by false and fraudulent representations made
TO members OF the Boards 81 Aldermen and COuncimen
OF the city OF Washington, caused them % pass an 0fd
nance for the paving of that portion Of Fourtecnh
adjacent TO the hotel property leased 10 them aud as
that me appellant made contract by which he aloe
agreed to pay for that portion Of the The second
bill charged that the compliments 0he appoces ar
owners OF the property fronting that part % Foo
teenthst and that the appellant bY the false and frau
ulent representations alleged I'm the former bill
caused that part OF the street 10 be paved.
The bill U both sought 10 eunu
the corporation from the collection OF the tax and prayed
that the appellant be dccrecd pay the amount Of tie
tax The DEGREES below In favor Of the comp1uonH,
and the appellant brings tire here. suhmtlug that
in suit between private parties the Court VIII not IN
qure to the motives which actuaed the corporation
passing the ordinance, and declare tie law nudity
because IL obtained by fraud 70 !, further coneEd
ed that there evidence TO show thar any nruber ~
either Board influenced 10 vote for the passage OF tie
ordinance by any representation made by willard. 3D.
sides, the cOmplaDants mad PLAIN, adequate ana com
plete remedy at law. They should have paid The tax ad
sued Willard at law. They will not De heard m equity
after waiting until the work completed aud the prop
rrty is advertised for sale TO pay tie tax. Nhen ne
remedy for fraud Is complete al law and there are 10
circumstances rcq.iring the application Of remedies pc
cuiar Court bf Equity the bi Will De dismissed
W. T. MOttingly and ". D. Daydge for appellant, X. =
MerriCk and Il. j. Brent FOR appeilces.