The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-02-01

'i", " 40 IGSt!hcti lilal secret itiitlcat SOclc-
'it> caused most OF the troupl" there. -Zeta
IN B@i'lm0r" sun.
hESPG SSIBILITIEs or BANKS.-rhc SUI
prem: Court to-day rendered decision in
IN" case Of the Merchants National Bank
81 Boston ". state National Bank of BoS-
ton. error to the Circuit Court for NaSSa-
cEuScit>. The plaiutll> claim that the de-
PENDANTS. through their cashier, contracted
20 purchase OF the plaintiff, III 1867 coin and
Nuiu certificates OF the value of $500, 900
'hsi the delivery Of the coin and certificates
MAS made under the contract. and that the
cashier OF the defendants delivered TO the
plaintiffs certified checks of the defendants
bank al linn knoWn rs Mcllan, Ward Il
Co.. Tor whose account they directed the
purchase to The amount Of the coin and
certificates. and promised to pay them on
lrc>"ntmcnt. but upon presentation OF the
checks payment was refused. This suit was
the result. The court instructed the jury to
find Tor the defendants holding that the
power ~ certify checks Of third ,,CrSonS Ill
behalf Of lac corporation is not inherent in
t,r ONCE 81 Il cashier OF Il national bank,
nor i The exercise Ui such power within
til" scope Ui his usual and ordinary duties,
nutihat the national currency act not hav-
~ conferred any sucn authority upon the
'-.-'lcr, his certificate aid not band The
bank. On the count for goods sold and de-
iWcrcd, it was held that there Was 10 evil
ucnCc OF such sale to IL" defendants The
view being taken that Melton, Ward 4 Co.,
the drawers Of the check. were the purchl-
scr>. and were the debtors to the plaintiffs.
ne cause was argued last spring in this
court and was now decided. MIR. Justice
NWaync delivering the opinion. Tn ali
questions it i, held that the facts should
have been submitted TO the jury, and on
The subject OF the authority of the cashier
'p bind the banks by his acts, the court. Ill
substance, say that by I'LL authorities
English and Amerlcan-a check may be az
"cpied, and that by the law of merchants
III this country the ccrtiication by The bank
that The check is good is equivalent to ;ic-
rcWancc, and is an understanding that it
shah remain good. This agreement is us
binding on the bank as its notes OF crcula-
ton, and the transleree OF such Il check can
take 1t with the same sense OF security that
he would take the notes of the bank.
The certifying bank, it is said, without
doubt intended these consequences, and it
is accordingly liable. 70 hold otherwise
would render these important securities Il
mare and dciusion. The powers conferred
on the cashier invest him with the same au-
lhorIty To certify Il check aS he has to re-
vcitc the money of the dcpositor, us the
power i inherent in the office. The cashier
Il The executive officer of the bank, and
conducts all its financial operations. and
persons dealing with the bank have a right
10 rely upon the integrity of its officers
when acting within the apparent sphere of
their duties, and the bank is bound accord
ingly.
The opinion, which is very elaborate, sus-
tains the plaintiffs on all points aud rcverses
the judgment. Mr.. Justice Clifford dissent
cd, and read 4 very lengthy opinion, main
ialning the theory Of the court below. Mr..
Justice Davis concurs with Mr.. Clifford.
CLAIMs.-The Committee on Claims of
the House OF Representatives has under
consideration the following memorials from
justice to Mr.. Mckenzie, the Representa-
tive from your district, TO say he has been
untlring In the endeavor to secure !; t;ivora-
bic report from the committee:
Clement Scwali, Jacob Brooks, Randolph
Macon College, VIM. Andrews, Joint reso-
luton to extend the act Of July /, 1864, to
Virginia, Joint resolution to appoint Il COM
missioner to receive and adjust the claims
OF loyal people in the South, A. Swartz,
Mrs. Mary Coleman, }. L. AmisS, Of Gull
PEPPER; Loudoun county committee poor
iipuSe StaiinS III ;, Lay ne. OF CulpeDef
u. }. Grub, Of Loudoun Gordon Chaplin,
j. Is. Ficklen, of Falmouth; j. n. Trook,
administrator OF W. Hughes, deceased; j. W.
Howard; X. =. jackson. executor of +.
lowndcS {. II. stunklc, j. L. Armstrong,
Mrs. Anna Carter.
The House Committee on Education and
Labor have agreed " report Il bill to COM
pcnsate William and Mary College, at Will
lIamsburg, Va, for the injuries inflicted by
the burning Of the buildings, &C., of that
college during the late war.-Ale1andY1a
G0zette.
WANT HIN REMOVED on ACCOUNT OF His
RELIGloS.--The President has received
memorial signed by 1hirty-llye Methodist
ana Presbyterian ciereyrnen of Brooklyn,
Ne" York, asking for the removal of Col
!ec;or Murphy Oh the ground that he is a
tathollc. They also name Il candidate Is
his successor (Sias II. Dutcher) on the
.,round that he is a very proper man for the
i'osi'lon, whose appointment will add
strength TO the Administrations Washing
ton Star.
ATTACKED BY HIGHwAYMEE.-A country
man by the name OF John Stern, who lives
ID FRINGE Georges county, Md, while Oh
ms way to Washington city with young
cot, attached TO Il sleigh, Sunday evening,
Was stopped after crossing Benning's bridge
%! TWO coi0rcd despefad0es, who demanded
Ills money. He gathered up the reins and
put Ills hand L. his pocket us il TO get his