The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-12
THE COUR T S.
ne Commodore 8aiabridge win case-charge OF
Mutiny on shipooord-suInmary Dispo'ses-
don--hs Liberty OF the sIbjecs-Ac-
ton for Personal Injuries-Busi-
ness IN the Court Of General
Sessions - Decisions
United STATES CIRCUIT COURT.

UNITED STATES CIRCUIT COURT
The VIII OF the Late Comunoa ire Bainbridae. |
In the United States Circuit Court yesterday, In /
che case OF Mary T. Il. Jandon The National CITY
Bank William b. Duncan and others, Judge BATCH
Sord rendered his decision. OF which the subjoned Is
fhe material portion relating a. 1t does to the trust
fund lett by the Commodore for the beaent OF the
palat.a, who Is one OF his surviving dauGa'efs'-
rnE DECISION.
The piatntiff Is the wife OF CHARLES IS dandon auu
daughter OF the late CommoIots wi1lmnder The
bridge who died ia lsSS leavng WIZ aaof ~ hap
provisions or winch she mas seq ave ee ~
own placed by the WIN "a sess ,a pi certain esa
cies directed that ali ms zeal cstate shouia ,S
AID appointed william Lynch y aha MI li" me Iesdue
OF his estate ..aRd 10 invest The same IN le ssooAs
OF the United States, or the SOCKS anu iunus Vi auy
Sna,vl,lo STATE and to hold the same in trust fer
TN following purposesI ~ twenyegn. Ilo "
H.. I'M 10 ls wsie for her lie, al her death such
Etccks or funds TO he cquaAy divided among ms oIr
MN ths saae Tod their sole use and beneit.n ~
lnough 10 be&nyested TO create all annual interest,"
mi az her deatn Inc inverted ainoul. trust
ea,ailr dividedh between his said iour daughters,
lie invested IN the funds stocks before mentioned,
IN trast Sne interest unereoi 70 oe pau 70 IN, tne
dauhter fer her sole use ana benefit during ner NE,
ande death the amount 80 invested 20 De
equally divided among Der children. ny = con n
oi the CITY OF Philadelphia and the South.
wark loan and ihe ground rents, o. nos
Ale stocks or funds mentioned. The trusteesf
n.iaed the VIII were, in May, loSo. on their own
peu,iop, discharged from their uust " Inc Cour. OF
fommor pleas iur the city and county OF Pniladel;
INA, ami the detendsnt, Samuel lahuon, was ~.
pnder said Will Tor The wdow.ihe SISTER, anu tue
tour daughters and III June, 1885, he received from
tnem. At The death OF the teSiaior considerable
PORTION his estate consisted o. STOCK OF Inc state
81 Pennsyivania paying Interest o. i've per cent
per annaln. The trustees named in the will made
10 chaRge while tney continued 10 be trustees IN
o. the death OF the iesiaior soon after Samuel
aandon was appointed trustee ne sold the Pennsy.
SaniaE.ocK and Invested us proceeds In stock OF
lie delaware and Rarltan Canal company.
ANS stock apporlionsd among me trusts crs-
nled nv The WILL aliottng 10 the trust for
sue pkiniin nineit-three slareI Although this
pia,ann approved OF II. and from time 10 time re-
reIyed lroln The trustee ule dividends maize on the
ninerS-three shares IN 1891 iie WiaoW died, ana
loD 10 the trust Tor ber was dViAei ~ the trs-
Zee Inc trusts for the 1ou dapglterS twenty
1ans trust Tor the plalntin embraced III SHARES
Ci Dea ware and kariian Canal stock, and the
llaintl thereafter received, from time TO time, from
tue iri,see the dividends made on the 12i shares,
Ser Which bslonaed 10 The testator MAS Sold and
trtm that and Other sources the trustee came
10 mold under the trust for the PLAINTIFF IN addition
fs-the III shares OF canal stock, $1,000 IN unled
States stock Known as hyctW twenty nGS The wIll
seeks make the trnslee, Samuel landcn, RESPONSE
bic lor The value OF the 81 OF uneu States
nnu OF III shares Of the canal sock as having been
nspose. ,ol by MN IN nreacA o. ms rust ana 20
}rus1e appointed In his place. II also seeks to
ee ai r the saSs o
Shares of the canal STOCK, and to make
s Ss The nrm Duncan an" snenaa
responsible Cor the value Of seventy SHARES Of the
ranal stock, as having been received oy them re.
priated 70 thelr use respectively under circu.n.
trustee to The plaintiff for the breach OF trust com.
On tie 18TH OF October, 1856, Samuel Janaop an.
oil
on pledge or aypotnecsuon OF iorty,,ey shares
Company, evieenced by two certificates OF stock,
one Tor nineteen shares and one ior twenty -eight
s saa as c.aSs was 1885, on mat az
be giving TO TO the bank N, no , Obligation
fnereIy+ aeposifins with the eeridcates. the
{oan eng regarded as LOAD strictly on demand,
Sa p the wo S efncaes s %nen ey were 20
deposfe with the rank, but on separate piece OF
paper ,ss an Insrument dated April lS 1864,
sicued q. slandon, srgst-c OF M. T. b. Jandon, ana
s.atng { iat samuel sandon, trustee OF III. 7. i.
1asdon,n uteteuJ sod unto - iOrty-seyen shares
OF ihe iotd sock OF The Delaware and Raritan
ma Trans tsr Company, Standing Ia ms maine on
tie books ~ sad companies and appointed -
his asorn ~ 10 transfer such slocA. ON the
1nnSon m. r-fner sun, OF 81 soJ on pedge Of the
Bane orty-st shares OF stock, win other
ties lie ieps ID iais lean OF $4,000 win interest on
iho 18th Of JaVnary, Loot. lie borrowed rom the
securtje,, s - K securities were delivered to
Mr. Jandon eve " time he pajd tie amount OF a loan
and rede,lyereds by MN 70 the bank every tlme
new Jan made 10 hjGs. On the lotn OF juy,
1SU1, samuel Jan soD, obtained loan from Duncal,
SaerIaan 60. OF 5000 on tue pledge or hypotne-
cation Of seventy shares OF the stock OF the Della
ware anu heritan Canal Company, evidenced by one
certificate of stock, which was deposited with Dun
can, Sherman K Co. at the tire Lie loan was made.
9ne certificate was dated December Is, 1851, and
Certified that rs Jal.d0n, trustee Tor Mrs. Mary i.
u. Jsndon, was entitled 10 seyeaty shares III the
capital STOCK CT tneN company &c. further
loan Of $500 was obtasned on this eiock from Dun
can, Sherman n Co. since February, 1865, the
planun has not received anything on account OF
the income OF these shaves nor have they been re-
stored 70 the trust The p,ainan did not
cember 1865 she neverS authorized or ratified
any OF the transactloLs. Mr. Jandon usedthe moneys
obtained by him from the bank and from Duncan,
Sherman & Co. Oh the loaps. 10 pay which the
stocks were sold 10 discharge ae Indebtedness In.
CURED b. hIm Individually INF making Investments
IN the stock OF the Bfoad Ioo Coal aud Iron Com
pany, which he anticipated wonid ce reniuneraive,
and n they were he had the iftetAon OF Offering 70
fDe palnil shares IN such c0rnSary To replace the
j.. shares. Slch Investments Ycre made oy MIN III
bIs Individual name witho2t tue kn0wieage oil the
pla,nth
Tne Court holds that on these facts MIR. Jandcn,
She trustee; the bank anu Duncan, sherman d Co.
lnust refund to TIE trust for ,ese shares OF STOCK
fhe bank for lorty-seYea slareE aud x1lcan sEer.
man d co. for the seventy shares.
Inc bnl has seen taken as cogIessed against the
ceicndelt. Samuel JGIdon Ihcre mus De de-
cree that nc account FOR the Ua'led Stases sioc X
also be o decree against the bapk and Duncan
Sherman Go. for an accounting or I've stock
pledged VITA them severely and sod. ana q refer
euce 10 a Master, 10 take such accents ana allow
proper GREATS.
BsiED STATES COd6iSla:li CailT.
Charge or nntinv.
PQf Cou1