The New York herald., 1871-01-10
UNITED STATES SUPREME COURT.

Important DecisiOns-A New Trial Granted
i'm the New York Mercantile Agency Casc-A
Cotton Case Decided Against tho GOvern-
ment-LegnIity of Stamping Notes Alter
Date Affirmed.
WASHINGTON, d. c., Jan. 9, 1871.
The following decisions were rendered to-day
No. "a. 7dppan Us. BeardSteys Error to the C,r
cutt Court Jor the Southern District or Ne1 PorE-
This is the case brought by the Beardsleys against
Tappan, mercantile agent of New York, ior the
publication OF certain matters concerning their per-
sonal affairs and business standing, and alleged to
be injurious 10 their characters and credit. The
publication was the communication to firm
in New York Of usual information asked
their customers out or the city. Among
otner things communicated by the Mercanliie
Agency was statement that the wife OF one OF the
Beardsleys was about to bring action Tor a
divorce, ard that he was, In consequence, putting
his property out Of his hands. on the trial below
the Court admitted the record OF the divorce sui,
commenced some months alter this acton as eyi-
dence for the plaintiff's pleading, having alleged
that the suit was brought BY the procurement Of
Tappan, to make good ms defence IN this action
by showing t1at what ne reported was true.
The verdict was for plaintiffs for $40, 00o. This
Court reverses the Judgment, holding tnat the
record In the divorce suit lnadmssable because
Tappan was not party to the proceeding and had
no means OF protecting himself by cross-examina.
tion The view Is taken that 1t likely increased the
damages in tins case materially, having affected the
Judgment reversed and new trial ordered. MIR.
Justice Miller delivered the opinion.
No. 40. The Steamer cotton Plant et al. Us. The
United Stdtes-lhs was an appeal from the District
Court for the Eastern district Of Pennsylvania. The
steamer and portion OF her cargo seized In
Roanoke river, North Carolina, and the other por-
ton OF her cargo, cotton. seized on the banks
Of the same river by detachment from United
States vessel ia May 1865, after the proclamation OF
the President removing the restrictions on coast
wise commerce and commerce on inland waters.
The Court below condemned the vessel ana cargo as
prize. This Court reversed the decree aud directs
proceedings II the government sees lit to nsti-
tute such holding that the character OF the capture
OF that portion OF cotton taken on land took out
OF the category Of maritime seizures and that the
under the act or Congress authorizing the pro.
camaton removing the restrictions on such vessels.
Mr.. Justice Strong delivered the opinion.
No. 49, Cdnpbells rs Wilcor-Err0r 10 the District
court for the Southern District or Ohfo-Tnis was
an action on promlssory notes. Demurrer was inter-
posed to the declaration the ground that it did
not aver that the notes stamped ut their date
thereafter. IL was overruled, the Court holding
the averment that notes were made and delivered
was sufficient, as the term note implies legal in-
strument and that The stamping subsequently was
sufficient wnere no fraud was intended IN the omis
sion. This Court aflirms that Judgment. Mr.. JUS
tlce FIELD delivered the opinion.
No. Al. COrret Us. Nuu-E'Tor to the Supreme
court OF Appeals OF VTgtnta.-This action was
brought by Mutt as trustee to recover land In Alex
andria which he'd been sold for taxes under the act
or 1852 for collection or direct taxes In nsurrecon
airy districts. The Court below refused 10 instruct
the Jury that as the party making the VIII ana the
trustees we're both aiding The rebellion no estate