New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-01-31
THE COURTS.
THE TAYLOR WILL CASE.

LIE lAlLOh WILL GAZE.
EVIDENCE or MIR. TAYLOR's FAMILY PHYSICIAN.
At the resumption Of this case yesterday.
before Surrogate Hutchngs, Dr. Henry r. oreeke,hos
testified 1 have been acquitted with Mr TAYLOR since
1913; have been intimate with him and was bis ta;,,
physician Mr.. Taylor resided at the BOnd-st house
when first attended him within The last two year, La
consulted me frequently about ono year previous 10 IA,
death discovered that he had Brighs dseaso NJ tho
kidneys. but did not tell him he was very pecu
liar man regarding sickness; he then resided at the
Unonpace Hotel be called zee rne On the la,er mar,
OF June early In July his family was then in Eurora
yted him at his house before his death and was Win
him when no died tho 22d OF August I have had
much conversation with him u bis last lDoss was
called by Mr. Richmond the nth OF August 70 attend
| him; told him he was dangerously III the Last tins
Mr. Taylor IN M house, ~ June July he out his
hand to his heart and said, Here 10 my trouble :" re-
piled, II every organ il you Was ss sound yoa would
stand me- there s grief here :" my grand daughter, tho
only thing left TO ne IN this world; has run away.
young folks chance and IL may all turn out for Tho
BEST" he answered that young Rowland was G.
d rascal, who had ony married he girl FOR her money"
was constantly witt bin during bis lat Illness MR.
Donnolly, James b. Richmond. Mr.. Avery, and Mr.
Tracy almost always the house, but not always
In the room; on the 18th Of August Mr. Tayor SAID ne
must go down to Piaest next day urged him 70 veg
else go, but he said IL was necessary for hmsO
to CO. as he alone knew what TO do that night ne sp0ko
OF and asked me TO go w9 sa h b. 70 os sse sad
he must 90 to Pinest and appeared perfectly wd about
he lad confde2oo he said there was paper in The
Office, and that none knew where twas but James H.
Taylor; on Saturday he said he must 60 dowb 10
Pine-st the next day II he had 10 DO catried
down q strctcher; on the previous TburSiiay.
accordance with the custom OF my profession in uca
cases told him that his head clear but that hcSas
in pTecariOus condition, and Lire was uncertain aid
asked him if al his aFIangemJ ts.
he said he had settled all his Affairs then asked btnf
he had made his will, and lie said, "my will IL mtde,
and my affairs in such condition as can leaic;"
this conversation Tuesday, when he had thd ~
phod fever Of which he died he %
bowels; Prof Alonzo Clark was my consulting pbHian
In the latter part OF tho illness MrS Taylor and tns ess
nounced their arrival at about O'clock and after hdha1
asked all WELL he expressed his desire to sed Tho
Queen" his wife that familiar term he had Tor
Mrs. Taylor; accompanied Mrs Taylor to tle roof
heard her remarks to him, but did not distinguish bl,
answer ss 1t was too lowoned know 1t was an an
swer.
the day OF Mr.. Taylors DEATH her daughterInAT VIZ
with her; IL was IL and o'clock when Eent
Taylor i into The room that saw Mrs. Kate HowIaJd
present when Mrs. Rowland came into MIR. Ia fort
words passed between them the last ttlhos
words he over uttered to Mrs Taylor be spdie 10
several times, but in the mumbing way tnat psOs
updsrstand him; / cannot positively houri they
into the room; Mr.. Richmond sat up with hii TWO
the neigh6orhood on Sunday, and on Monday nado
sS"s g SPFas aa nat 9s 1 Geafa 81 DE-
attending him, or Of DIR. JOhnson's attending nm. A.
Henry c. Matteson testined-I am Secretary II tho
Brunswick and Albany Railroad Of Georgia, OF fhlch
Mr. Taylor was Director; am familiar WIN MI ~
2 Se p %Tpt a % E IN his 9 aDdV Inc
Crosse xaInned-I do not body Of tho Eiil "a
ap nv am not certain the more that ok
the exhibit now think it is not in hls hsndwritng
might change my mind again, inns e1hoi' wac sliio@
VIM. L. Avery testihed-I became acquainted with Mr.
TAYLOR IN 1s6s or 1851 Attorney for, and Director
OF Brunswick and Albany Railroad OF Georgia; ain
familiar with MI T3yor ssnasturs believe the s
note would advance money ON it.
THE LIABILITY OF BANKS FOR CERTIFIED
WASHINGTON, Jan. 30.-The Supreme Court
to-day rendered the following decisions:
No 27-The Merchants National Bank Of Boston agt.
The State National Bank ~ Boston, error TO the Crcuit
Court for Massachusetts The plaintiffs claim that the de-
feDdans through their cashier contracted purchase OF
the plaintiff 1857 coin and coin Of the yauo
Of 100000 that the delivery of the coin and eeteaes
made under the contract and that the cashier Of ne
checks ut defendants bank of firm known as Meen,
Ward Co., Tor whose account they directed tne puI
promised TO pay them on presenmen but upon preseh-
tation of the checks, payment was refused ms SuS
The Court below instructed jury find for the daen
10 sl Of The me is not Inherent in
the office Of cashier OF National Bank nor is thd er
ordinary dutes and that the National Currency hct
not having conferred any such bd 6G Upon
oosnt for goods sold and delivered It was held Pat
t the view b. being taken that Ieen, Ward Co..
drawers Of the checks, were the purchasers and ro
the debtors the Inc cause
Spring In this Court and was now decided
Mr.. Justice Swayne delivered the opinion On all rho
questions IL IL held that the facts should have been 5ub
mted to the jury, and the subject Of the authority
Of the cashier 70 bind the bank by his acts, the Cor,
in sbsa nce say that by all authorities, English tnd
American, q check may be accepted, and that by tho
merchants In this country the certcaton blythe
back that the check is good is equivalent to accepace
and is undertaking that II shall remain good PMS
agreement is binding on banks notes OF crcuaAOn
and the transferee OF such check takes 1t with the
same of security that he would the notes OF tho
bank. The certifying bank, it is said, withous
doubt intended these consequences and it IS accOrd-
ngly liable. To hold otherwisewould render these i'm
portant securities IA and delusiOn. Tho power
conferred on cashier invests him with the au
thorty certify check he has 10 receive the money
the depositor the power is inherent IN the office
The cashier the executive officer Of the bank and con-
all its financial operations aud persons dealing
with the bank have right to rely on the integrity OF rs
when acting within the apparent sphere OF their
duties and the bank is bound accordingly The opDion
which elaborate sustain5 the plaintiffs on all
points, and reverses the Judgment.
Mr. Justice Clifford dissened. and read long opinion
maintaining the theory Of the Court below. Mr. Justice
Davis concurs with Mr.. Justice Clifford.
HOW NETWORK RECEIVERS ARE PAID
In the Supreme Court at Chambers yesterday,
before Justice Sutherland the suit OF Elizabeth G. Bne