The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-11-28

moa CarrierS-BuHncN In the
Court Of General sess:ona
rnITEs STATES SUPREME Court.
The Law Touching Common Carriers.-sup-
plying Goods to tho Rebel Army i'm Nahum
PrchiHiium-Appeal from tho Court Of
Claims-Aciion Against the Germanfa Insur-
sncs Company, the PhUnx Insurance Gem
pany aud Others.
WASHINGTON, D. c., Nov. "a, 1871.
Eo. 1SS Shoemaker q Ati,er rs. KinDsouyu-Er-
cor In the Circuit Court Of Kansas.-This was an
Action against the plaintiffs In error, a. common
carriers, for ALLEGED breach or contract OF carriage
~ Kingsbury over portion OF the Eastern DIVISION
pf the Union Pacific Railroad. The Judgment below
gaS Tor The deiendant, ana here 1t Is reversed, this
Court holding that the plaintiffs In error were MOI
common Carriers sunject TO oil the obligations rest
ing UPON sncn carriers, but SIMPLY contractors for
ouu0ln2 that division OF the road, running con-
Erncuon train 10 transport material, &c. Under
these circumstances they were private carriers for
thai the Court erred in Its instructions to the jury
when led The latter 10 suppose that the occurrence
bioyes vi the road were desutuie Of proper sKil
end guancadonS Mr.. Justice Field delivered the
ppinloas. - .
No. COZ. The Ne,o Orleans ana OHIO Raf1road
Company ct al rs. Eellen Trustee. ana the United
states-Appeal from the Circuit Court Of Kentucky
rounss with the governments, placed IN the hands Of
Ee;len cortata bonds Of the railroad company 10
trust TO secure his Indebtedness to the government
bum was commenced BY Meien and the United
Saies TO foreuose the mortgages, winch resulted in
IN or OF tue government. and the Judlment was
mere anirmed. Mr.. Justice Bradley delivered the
ppsniOn.
No. 100. Hauaner o.. Doane-Appeal from the
Circuit for ArKansas-rEis an action to recover
for goods sold the OF the army. The Court
below charged that II the GOODS were sold In the
common and ordinary curse Of trade, and the only
moucement to the SAFE ofthe goods Oh the part Of the
urn maklng the SAFE Was the price to be PAID, then
the safe was legal and vad although the firm knew
tnaJ HanaEer the purchaser, expected 10 turn the
goods over 10 the reve army. 1uis Court say that
Win whatever lmpanlv o man may lend money. or
sesl goods 10 one VINO he knows intends to devote
them to o use which Is only nahum ps-Oh 6tun, or
o. nferor crlmlnaty, re cannot do Il without turpl
tude, wnen ne KNOWS or mas every reason to beieve
that the money goods to be used for the per-
petra Ion oil q heinous crime and that they were
procured IOr tnat purpose, ana the udyme NJ IS re.
versed. Mr. Justice Bradley delivered the opinion.
No. 10 Ufuted SAFES Us. RusselpS Appeal rom
Me Court OF Cldfns.-in this Russell recovered
below for the use OF certain steamers impressed
iEts the government service. The Court held
Shat there vas not Suca an "appr0priat!on" Of
tue property as 0ioAthit"d jurisdiction under tne
Actat July 1at4, bui That there Was sucn &n eIn-
psoymeut anu use OF The steamers rs iasel an im.
clea promise 10 renO lisc the clalmane FOR money
exGendea oy hln in moving the steamers, and also
reasonable co npensaiion Tor their services. That
fragment - ahmed here. Mi. Justice Clifford lie.
Ivercu the OplGlOn.
No. 23a The GrrnantI AMI other Insurance
Companies us. Benksn. Error to the Circuit Court
icr south Carollnl-ln this case the defendant In
arror recovered jont Judgment against the In
yurance Companies on o policy OF insurance, and
the companies appealed, contendlng that the Court
below erred IN I.s ruling upon the evidence and IN
It's Jndgmelt. Tnl5 Court alTm the LIABILITY Of the
rom anIes hut remand the case with directions To
Lee circuit Court 10 enter ny judgment fof the
PiaiDtin against each OF the DEFENDANTS for one
loartn OF the amount VI the plaintiffs damages IN.
min AZ cd ~ ri Qnd
Tor joint Judgment against them all for the costs
n tnat Court Mr.. Justice DAVIS delivered the
opinion.
No. 2es. The Pn@nir 1surance Company rs
Etou0hton.-Error to the Circuits Court Court for
Ahslssippl.-An action on policy Of Insurance, ON
which the tud sment for the defendant IN error.
the case was brought here for review on questions
q practice, and the Judgment % mere amrmed. Mr.
Justice Davis delivered the opinion.
No. 203. ToUnsend, Exscutor, DC. rs. Cnapeltc ct
a,.-Appeal from the Circuit for Wisconsin.-This
was bill to foreclose q mortgage and bond ex.
scuted BY the appollecs 70 Frederick Bronson, Of
New York, executor of Arthur BronsOn. The queS-
ooa was whether certain party 70 whom I install,
nutnorized TO receive them; and L. was found below
tAAs he Was ana Inc payments ere crediteo on me
Iaorsage ms court aflrm ia tne decree All. JUS
0cc SWAY ne delivered the opinion.
No. $50. cody ct al. %. O'C0nn0r.-Error to the
Circuit Court for South Caroiina-An action OF tres
rass to try the title land IN Beaufort sold fer taxes
under Ire direct Tax act" ON the trial the Court
held that the tax sais ceftilcAte being signed ny
OuAy two Commissioners, was vOl, anu also tnat Inc
advertisement VAS not such aS required BY law.
Yu,s Lour. hold that the action Of the majority OF
tsoard OF Commissioners WAS the ACTON OF the
Board ami that tie Court erred In excluding the
certificates aad tae Jucg nent Is reversed. II Is
SAID tnat an authority 2iven TO several Tor public
PURPOSES may be executed by u majority o. their
hummer. Mr. Justice Strong delivered the opinion.
No. 237. The United States us. nv dsrs ct al
Survivors, certificate OF division from the Circuit
court for the NGltnern district OF New York. The
vhah Ices tar,o hlnt,
involved was, III It's Conditions, 80 lar departure
from the requirements OF tue act oil Congress as 10
render IJ vOld ana Court consider IL Ii Inc neg
awe. Inc opiii0l wai Rendered 0y tha Cnier
Justice.
no. 1so Smith u.s. Snee1y-Error to the Circuit
Court for Nebraska. This was an action OF eject
nent, turning on questions OF fact; and the judg-
meat beow 10 mere affirmed. Mr.. Justice DAVIS
6envered tue oplniOn.
No. 2G1. VdnsivEe Is. The State Of Wisconsin, and
No. 16. BoDnaH us. The STATE Of Wisconsin,
Exror TO Supreme Court OF Wisconsin. These
cases presented the question Of State taxation Of the
national bank shares she appellants claiming that
there discrimination between the State and ma
ional banks In ievyIng the tax. TINS Court regard
IEe question se.iled w the case Of Van Allen, anu
the judgment 10 affirmed Tue Chief Justice de-
nvered The opinion.
No. 2y8 HJnnessev Us. Sleidon.-Error to the
Circuit Court for the Eastern district Of Texas.
Sheldon and Hoyt. claiming to be citizens OF New
York, sued Henncssey, q citizen OF Texas on Two
pyonissory notes anu recovered judgment Tor the
amount claimed. TINS Court anlrins tue Judgment
With costs, interest and damages. The decision was
announced Dy the Chlcl Justice.
No. ISL. Walker vs Dreuiue ana MuIler.--Error to
Circuit Court Tor Louisiana. Is dismissed with costs
Mr.. Justice Miller delivered the option.
The Court was then adjourned Until the com.
mencemcnt OF the regular term or 1o71, Monday
next
UNITED STATES DISTRICT cou3T.
The Great Sugar Cnse Agnip.
Before Judge Blatchford.
me United States Us. we'd d Co.-This case was
r.ed In tho month OF February or March OF the pre-
cent year. Tne jury disagreed. 1t was an action
brought by the government to recover over 100000