, 1873-02-26
Power Of Government to Compel tho
Use Of q Patent Distil.
lcry Metre.
By Mr., Leary's Own Showing, He is
q Prosecuted Man.
Gr0Wls from ScOtt's Boulevard
Scheme Victims
interesting Notes from the Court
Of Bankruptcy.

Of Bankruptcy.
In the celebrated pork caaos, the progress Of
vhich, before Judge Porter, has been Watched
with so much interest by tho mercantile commits
nifty, His. Honor yesterday delivered tho following
docigion:
William Young, Alexander n. Yoang ana Ransom N 3
,s ssns ss%s y JOSIAH siln = ss1 Henry
Theso aro actions Of repovn brought against tho de.
er 9r e. aSaanE e
question for determination ia IN whom Waa tno ~ e 70
the or at the of aesf sitS oaaoe
1howB wrtton agreement, dated Sn'y 1o aS't, ~
which Keck agreed 10 sclt to j. BROOKS johnson 10.
2.OO0 barrels Of meas pork. The agreement was ~
follows: 49,
Bought Of j. L. Kcck, Of Cincinnati Ohio, 2ooo bar
Fels Of mesa pork, to be either Skeen anM ~ aT,
esiord Co., brand Of Cincinnati and date ot pasking M
aud number Of pieces to bo branded on heaa o. eacn
Ss1ea bsrss Wh an eurs M oSo
able shipping ordcr for which no agree to pay sA'o
per barrel At o'ne'anat' 9h!S = Saoons JOHNSON Co.,
Tnu,Aoc. July 90, 1879. J. l. KEoK. ,,..,,o,1
Brooks Johnson Acarantsea by y en i,sao nes ot y
Tie pork In question, eao barrels, 9..s sal,vorod
Tn 1ss asrosa
or recepts were given therefor BY tho Companyn
Receipt; receipts t was a. fellows @o'' =,
olsotxsAr1, Aug. 9, le7a-necoivea q MsKsan !
oompany's depot tho following articles tn good
order, to be forwarded Via Richmond to ohlcago.
The s wss x not e @ IN az sny
parted with by him. until ho obtained from tho rsil
road company sorrssponding @ btlls Of @ laIns; 20 On,
soa oo., IN liaeinnati, the dray uekets and Dc,
minded payment for the pork. Payment was refused
tho contract. From eighty % an hundred barrels
Eere then on tho floor Of tho depot, md wore looked
y s ss po5s'n nsee Is %' net and
e. gsssat ssa;sss s.p ss0 r ,s sg s
presented to ths railroad company all tho dfay tickets,
md Obtained from the railroad company bills Of nd
Co., Chicago VIVA written consgnoe, Mt tho direction
Of Kcck. At this time most OF TIC pos. ~ question
bud sone forward 70 Gh!eago soms Of ,a naa been
rago te.t,aad tia. tle 70 chicago assigned
dcneo afIords no explanation Of how this came to bo
done. There Ia no direct eVidonce hat ]. BROOKS
C. e be aon and nono what
Who noted for him, ordered assented to ts being
lone nor her evidence in ths case Of any order q
DO goods should 10 @ sent forward. - '' tNN'
Tho freight agent further testiics that On tho 18th
BrooEa johnson o., at Chicago Of Tho arrival Of
quany Of pork for them, and receivod instructions
MsRsSsat, hss 4 sho4 and Ge ss syft a. ss
vhs Tsesp t o for The ey The nsns Of
aon b Co.. These warehouse receipts ,goro delivered
and received in tho regular course business BY
lots of tho pork IN question of several different paties
There L. no doubt upon the evidence that the plan
far consldoraon, In the ordinary coulse of busness
This however, may bc conceded, and at the question
fsmans %hsnes they as9u,ra te to te PORK
The delivery Of warehouse receipt of this kind
ssr pork ses seRrai Of purchase l.
eep and tha holder Of The properly arc alike liable to
MI s s ap oe b
and the delivery of receipt is sybolical delivery Of
The PROPERTY md Of the samo effect II any other
aense thhn thB Buch receipts not negotiable paper
to casrics 10 title where none existed before In
ssa hs w i
giving these receipts tho character Of commercial pa
ss sast o {ss 10 ea.a % uss g. s e SSs s
IN reply to considerations which have been
receips7 We answer precisely a. slime security as
erty seR II the person pledging the property Is tie
owner tie security ia good TO tho extent Of Its value
70 E t. Be- IL mot M
and has attempted to make fraudulent use Of tie
property inttuased to ha keeping person purchasing
lnation to tho titlo Of the true owner. These aro
sks which men engaged in business must be content
to encounter, but Hgainst which the law can afford
theu no protection. Thelaw puntah roguesy, but
eannot seeure Innocent persons against losses from
e. J. Brooks Johnson Co. acquired title to the pork
IL question md, II they did not acquire valid hto
possession or bocae clothed with The ndcia Of own
ershjp IN such wny, by the net, or consent, negli
dor TeClAitHtuH the DfDDertY q HtlbrcnhDt
purchaser 4sh;. + deriving ttls through them.
no valid title until be had made payment unloss that
svdencs to justify hs infsrenes that Keck intended to
waive payment delivery, that he parted with
c. 1t any timo. He made timey demand to fhem for
payment and rendered 10 them the railroad companya
toes s @ % On Of
unother party,-B. I. Murphy l. Co., Of chicago,
There Is 10 evidence Of any conduct on the part
boon way-billed to j. Brooks johnson Co., Tint can
to construed waiver Of my Of his rights or con-
q 20 70 IL ia o. Il a
Drooha Johnson Co., Or clothc them with any Of tho
lots to the railroad company In order to haya 1t in
readiness to dellvor it fasse to the purchaser.
only way for Kcck TO perform his contract. The de-
the TO neofa o1
~ere retained by Keck as b!s evidence Of
lille, aud aH tho warrant for the holder
10 caim bill Of ladsng for It from the railroad con-
pauy. The course OF business with receipts Of this
naraccr Ia shown by thn cyIdonce in this caso. aud
also By the case Of Bowen ct al. Peabody Kernan
2 The delivery md taking t'eso receipts from the
alJroal company constituted bai1ment for special
larpose and tho railroad company was bound to hold
ho property; subject to tho order Of tho party to
whom the receipts were taaued. It IN oxpectat!on
doubtless Of the performance OF the contract by both
2art1es TINT tho destination and route mentioned
the receipts, but no name Of cousgnce given;
md, therefore, II the company should forward before
onsgnee phnsd be named, they were bound to for
;ard 10 thu owner or to his order aud not to
-fpnee Of their o%n selection.
Thu owuer Ut property Ii not chargcablo With tho
wrongful act Of baice to whom property Ia inter-
ate In tho ordinary COURSE Of bus'ness who In yIoa
Ion OF lis dny, mud without tho conseut Of the owner,
'artH With thu ohsesston either to the yenaee or the
,~ncr vi Lu kAa not performed The conditions prece-
le1t u hik cout1ar etttlirR him IN silc ppgsaEapu