The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-10
HE COUR T S.
Interesting Proceedings in the United States
New York and Brooklyn Courts.
Fraudulent Bail Bonds-seixure Of Cigars-An
Alleged Abortionist-Life Insurance Case
Sparks from . Locomotive-Act
for Personal Injury-Business in
The General Sessions.
UNITED STATES SUPREME COURT.

Important Dccisions-Tbe Cunard Steamer
Jaw Exonerated in tho Case OF Collision
with the Schooner McCiOskey-suits be-
tween National Banks In Connecticut and
Illinois. 90.
l2Q United States Vs. Balard-Error 10 the Cir.
cult Court for the Northern District OF Ohlo.-The
question IN this case was whether or not Ballard,
o. Collector for the district OF Cuyahoga Ohio, was
entitled to retain for his own use moneys received
by him from The owners Of steamers and from engi-
neers and pos under the OF 1882 by virtue OF the
Of june 1864 liking the salary or the Collector at
$1,000 and allowing in addition thereto the lees
collected, provided the aggregate compensation did
not exceed So, 500. The Judgment below was for
Ballard and 1t was mere urged that the special lees
% be- o 10 s g ane acs d
they were not. therefore, included among the ices
which the collector may retain. This Court hold
that, by proper construction OF the law the COL
lector authorized TO retain all descriptions OF
ices not IN excess or 81 900, and the Judgment Is
afirmed. The Chief Justice delivered the OPINION.
145. Steamship Java vs.. Judd Llnseed ana Sperm
Oh Company-Appeal from the Circuit Court for
the District Of Massachusetts. This was case OF
collision between the schooner McCloskey and the
Cunard steamer Java. near the school ship IN
Boston harp0r. The Court reverse the decree OF
tine Circuit Court holding that the Java was at
1ault IN voluntarily placing herself IN position
where, meeting small vessel IN place not un.
usual, and where such q meeting might reasonably
have been expected, she could do nothing TO avoid
collision, and affirming the decree OF the District
Cerned, 1t was q case OF inevitable accident. Mr..
Justice Bradley delivered the opinion.
No. SO. Pargoud Vs. United States-Appeat from
the Court or Claims.-This was proceeding TO re-
cover the proceeds of cotton seized under the cap
tured and abandoned property act Of 1853, and was
argued at the last term OF the Court. me Court OF
Claims dismissed the petition ON the ground mat 1t
did not aver that the claimant naa given no aid
and comfort to the rebellion, sufhclently aver
executive pardon. L. is here neld ttne same as IN
decided) that the Presidents proclamation OF De-
cember 20. 1885, granting pardon and amnesty
tine claimants in cases under the captured and
abandoned property act rom proof VI adhesion TO
inc United states during the late war me %dg
Justice delivered the opinion.
No. ll6. First National Bank OF Bethel Ma
t0nal Pallquisque Bank-Err0r to the Supreme
Court Of Connecticut-lhe defendant III error sued
70 recover 100000. which II had presented 10 the
receiver In possession OF the plalntir-in-error's
bank, and which had been disaIlowed ny him. The
action was a. common law, and process was
served upon the receiver as the representative OF
the bank, and the question was whether the cur
reucy act controlled the case ana the decision OF
the Comptroller or the Currency through the re-
celver appointed by nlm was a final determination
OF the case, III such sense that tins action could
not be maintained. 1t was held below thati was
not, and that decision Is here affirmed, the pianlif
below being allowed TO recover, Notwithstanding
The exemption Clause In the currency act. Mr.. JUS
tice Clifford delivered tine opinion.
No. 1913. Traders National Bank OF Chicago vs..
Circuit Court Tor the Northern District Of Illinois,
In this case the Court hold that o confession OF
judgment by firm in favor or the bank an act
or bankruptcy, aud that the bank obtained an UNI
W2rruntaDi preference over other creditors by the
ACT and they must pay to the assignee III bank
ruptcv the moneys received IN pursuance or sale
under the confession. IL Is also held that where
such confession IS obtained by means OF threats OF
arrest, amounting to sort OF duress as was alleged
IN tins case still the person must be held for the
consequences OF the act as II IL were IN all respects
voluntary. Mr. Justice Miller delivered the opinion.
NO. 49, The East Saginaw Salt Manufacturing
Company vs.. City OF East saginaw ct al-Error 10 the
Supreme Court Of Michigan. The company claimed
exemption from State taxation by or act OF
the state Legislature OF 1859, encouraging the orna
ton OF salt companies ny exemptlng them from
taxation, and providing for the allowance or q
bounty to them OF ten cents per bushel,
after the manufacture OF u certain numper OIL
bushels. The act oil 1851 limited the exemption
10 live years, anu the companies sought have II
declared unconstitutional, as lmpairng the obga.
ton OF contracts established between the State aud
themselves by the act OF 1850 The judgment below
was for the STATE THIS Court affrms the Judgment,
holding this general law 10 be county law, and
nothing else and differing entirely from those laws
and charters which have been adIudged TO be ire
vOcable contracts between the Stale and claimants
under them. Mr.. Justice Bradley delivered the