The New York herald., 1874-11-10
UNITED STATES SUPREME COURT.
Decision OF the Court OF Claims Affirmed.
substantfal Rights Never To he
Bartered Away.


substantial Rights Never To He
Bartered Away.
WARRINGTON, Nov. Q, 1874
The Home Insurance Company vs.. Morse ana
Another-Error to the Supreme Court OF Wlscon.
sin.--In this case the Home Insurance Company Of
New York complied In writing with the statutes
OF Wisconsin, by which, among other things, IL
agreed not to remove any case commenced
against 1t In the State courts to the
federal courts; but upon the commencement
Of the present case It nevertheless moved foR
the transfer to the federal Court. The Court
below regarded the statute and the argument -
ground Tor the denial OF the motion. This Court
reversed this Judgment, based upon that theory,
ana hold that neither private citizen nor Q cor
pqas may barter AWAY 81 ns n
Notwithstanding the state law and tine contract.
Mr.. Justice Hunt delivered the opinion. MI. Cnief
Justice Waite delivered dissenting opinion, IN
which MIR. Justice Davis c0nculred, holding that
the state mad power TO enact sucn law placing
foreign and local business and corporations In thS
same position as to state authority and to make
all doing business In the state amenable to the
same triDun ais.
Pollard vs. Bailey, Assignee, &c.-Error to tha
District Court for the Middle District OF Aaoama.-
In this case the Court below allowed recovery
against a StockhOlder OF an lnsolvent bank with.
out reference to the question Of proportion. Tho
Judgment Is here reversed. the Court holding that
snail bear the same proportion n to- 10 the Whole in.
debtedness that his stock bears to the whole cRpts
tal. Inc Cnlel justice delivered the opinion.
In the case OF Spratt VS.. the United States the
Supreme Court to-day aff1rmed u judgment OF the
Court OF Claims. holding that the claimant, Con.
1ederate citizen, gained no title to certain cotton
BY purchase from an agent OF the Confederate
States, because those States were without o0rs
porate power to take hold or convey valid title
70 any property whatever, and that the claim
ant was chargeable with notice OF the
Confederate government-to wit, to ralse
money for the purchase OF munitions OF war. Mr.
Justice Miller delivered the opinion. Mr.. Justice
LtnI rad rot mr. Inn Win fhnf
OF the claimant reinstated him In all his civil
rights, and gave linn the assurance that he should
stand IN the courts or his country In as good con-
ditlon as any OF his fellow citizens who mad never
slnned against the authority OF the government
Ship Belle OF the Sea va. Johnson and Anotners
from the Circuit Court or the Eastern District OF
Pennsy ylvania.-In this case. which was to enlorce
evidence OF actual payment, as claimed Dy the
owners, and that the Snip was clearly not dis.
charged from the lien unless there was actual pay.
ment OF the bond, or unless the libellants agreed
to pay it and took the reights, the general aver.
age and the insurances exclusively for their reun.
bursem mt. Decree af1rmed. Mr.. Justice Strong
Bo!ey VS.. GrIswoId.-Error to the Supreme Court
OF Montana. the Chief Justice delivered tine opin.
ion In this case, Affirming the Judgment below
holding that In an action Tor the recovery oil per.
sonal property, II the Court Is satisfied there can
be no delivery OF the property. the Judgment mag
be absolutely Tor the payment OF the value, and
that such Judgment s equivalent to the hndlno
Lyon vs.. Pollard, from the Supreme Court OF
the District OF ColumDla.-rnts was the case In,
volvng Mrs. P0llaro's rights as superintendent O
the st. Cloud Hotel in washington and the judg
ment was In ner fav0r. IL Is mere reversed, the
Court finding that there was error In the ruling
below, In not granting the PRAYER oil the defendant
there, Pollard-that II q former notice OF discon
was renewal OF 1t. Mr.. Justice Miller delivered
the opinion.