The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-22
UNITED STATES SUPREME cous1.

An Attempt to "DOuble" Land AGene-A
Question Of the Liability OF Railroad Conn
panies, tho Destruction Of Property and In
surance-A Relic Of tho Past-A Promissory
Note Based ON tho Transfer Of Slave.
WASHINGTON d. c., Feb 81. 1872.
No. Ice. walker ct al VS.. Derby ct al.-Appeal
from the Circuit Court for the Northern District Of
llinols-This suit was brought to rescind the sale
OF real estate In Chicago made to Derby in March,
1857, Tor the alleged reason that he fraudulently
conspred with the plaintiffs agents to buy the prop
erty IN his name but secretly for mis- and their joint
beneht at grossly inadequate price. The deiend'
ants were required to answer the bill under oath.
and met the plaintiffs' charges with direct and
ton OF all the facts found for the defendants and
dismissed the bill. IL Is here urged that the Court
nesses for the defence, and particularly that Of
Derby and OF ore Munroe; and 1t Is contended That
without the testimony OF these witnesses the decree
would nave been, upon uncontroverted. tacts, IN
favor oil the compianants, as 1t ought to have been
even with sucn evidence. p. Philips for appel
lants; @. Beckwith Tor appellee.
No. Ill. Hall ct al. for Use OF Certain Kentucky
Insurance Companies VS.. The Nashville and Chatta-
nO0ga Railroad C0mpany-ErrOr to the Circuit
Court for the Middle District OF Tennessee This
action was brought to recover the value Of cotton
shipped by Hall Long al Chattanooga, on the rail.
road, as O common carrier and which was acct.
dentally destroyed by fire while III transit and be-
came total loss. The cotton had been insured
against loss by fire in the companies Tor whose use
suit was brought, ana the companies have Re-
spechvely paid the amount OF their policies. The
question was raised on demurrer whether an un-
derwriter VINO insures personal property
against loss by IRE and paws the insurance on the
total loss by accinenta burning while IN transition,
can bring an action III the nlme OF the owner for
his use against the common carrier based upon
the common law liability oil the latter. Tue Court
decided tnat Tie Insurers were not enutlei to he
subrogated TO the rights OF the. shippers against
the road, and the Judg nent was Tor defendant. 1t
Is here maintained that carriers, without some con-
tract OF exemption, arr responsible for losses aris-
Ing from accidental res and that the underwriters
VINO pay the loss to the ass red are enilled 70 be
suDiOgated to all his rights against the carrier.
william ATWOOD Tor plalnIlH In error; Henry cooper
for defendant
No. 1l2 Worthy vs.. Mars.0n-Error to the SUI
preme Court Of Loulslana.-Tnis cause presents the
general question OF liability on a promssory note
given IN part Tor the price Of slpves, which Is in
volved IN other cases now before the Court. the
only features In which this differs from other
OF the class, Observation-Disclosures the payee Of
the note nor the subsequent holders ever owned
the slave forming part O the consideration OF the
note, the defendant alone having had ownership In
the negro. Second-Under che decision below the
provision of inc new constitution OF the State
against the enforcement o contracts fur tie SAFE OF
persons, Was so enforced as 10 Impair tue
whole obligation OF the note, although The answer
did not pretend that more tnan 500 out ol The
Sl,60u, for wnicn the note was given, was Tor
the price OF slave. 1nird-As the law or the con.
tract Is part OF tue contract Itself the contract has
provided for the special case male, as mucn SO DIS II
IL hau been written In tue note, That lne iuture
emancipat on OF the slave should not ne deemed a
failure OF the consideration IL Is here argued thag
TINS clause oi the state constitution conravenes and
violates that provision oil the FEDERAL constitution
winch prOnibtS state rom tnaSinI any law WLlcn
shall impair the obi CATION OF contracs-that IL i-
pans the obligation OF the contract OF the note IN
plalntn In error IL. MarsUn, uefen liant In person.