The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-06

strained the act That decree IL here alarmed on
the ground that change so organic and funda-
mental as that OF increasing the capltal stock OF
q corporation beyond the limit liked by the charter
cannot be made by the directors alone, unless ex-
pressly authorized thereto. MI justice strong de-
nyered the opinion.
No. 555. Baltimore and Potomac Railroad Com
psny VS. Trustees OF Sixth Presbyterian Church.
Error to the Supreme Court OF the District OF Co
lumoia.-The church recovered judgment against
the company for Sl1, 500 damages for running the
road through sixth street in front OF the church
edi1ce. The company obtained writ OF error.
and motion was made TO dismiss 1t on the ground
that the law under which the assessment OF DAM
AND ss,nt sde by the Jury IN .ae 81 ths
Aaryland courts, does not allow an appear or wrt
Oh error. Mr. Justice Miller delivered the opinion
aenyhg the motion, holding that the writ hes IN
such case, Notwithstanding the objection urged.
Inc early decision OF this Court 1t is said held that
a ao power OF this Court as defined IN the act OF
isoi creaung the Circuit Court OF the district and
Tue court ID governed by that act.
NO. l6S Barring Bros vs. Dabney Morgan d
Co'-hrror 70 the Supreme Court OF South Caro-.
lina-This case involved the distrtbution of the
assets OF the Bank OF tue State Of South Carolina
on It's own account and the financial agent of the
state now In the hands OF receiver and particu-
Larry tue question OF the title the fire loan bond
holders and the nre loan NEUTRALITY-SUSPICIOUS.
and STOCK, negotiated by the bank, under the au-
thority OF the state, for the rebuilding of Charles
ton after the IRE OF 1885, The houds were taken
The former had the guarantee OF the bank, and the
latter did not. The decision Is that the fre loan
s1S ha as Ts Ss ssSss
holders are not creditors OF the bank at ALL and
not entitled TO any parcpa13n IN the iuna me
creditors Of the bank In proportion TO the amount
OF claims, reducing those arising during the war
to their values in national currency. This Ii an
animation Of the Judgment OF the Supreme Court
OF the State. Mr.. Justice Bradley delivered the
opinion Mr. Justice strong dissented.
No nom tha
supreme Court OF the District Of Columbia.-Wil-
liam Cooper left Will containing the following
clause ITO my daughter Elizabeth Croply, at her
mothers death give and bequeath the rent OF my
house on Pennsylvania avenue, in the city OF Wash
ington for and during her life, and at her death
is my will that the said house be sold and the avas
thetsirom become the property OF her children, OF
Of twenty-one years, the interest in the meantime
to be applied TO their maintenance" Tne daugh-
ter had one child at the death of the testat0r who
lived to be twenty-one years OF age and died intes-
tate and unmarried, in the lifetime OF his mother.
property under the clause OF the Will quoted. The
Court below sustained demurrer, holding thas
beth Croply was contingent upon it's, or their, sur
vivfng the mother, aud also attaining the age OF
es IN suhssn 1sa mere
vested the resduum In the child children Of Eliza
beth Cropy, and there lett 1t without further dis.
posltl0n-to now go to the mother. Mr.. Justice
6wayne delivered the opinion.
No. 1874. Sawyer vs.. Pickett ct al.-Appeal from
the Circuit Court for The Northern District OF ni-
nols.-This the foreclosure OF q mortgage given
by the appeees to the Fox River Valley Railroad
Company to secure subscription note and by the
company assigned to the appellant The defence
was that the note and mortgage were obtained by
fraud OF the company practised TO induce property
owners in the locality OF the appellee to subscribe
to its STOCK. The Court below sustained the de-
fence and dismissed the bill. That decree IL he.e
reversed. the Court holding that the defence not
pelant, bona ade holder. without notice, It
should not be sustained. Mr.. Justice Hunt de-
livered the opinion.
No. 21o. Schooner Mary II. Banks VS.. Steamer
Falcon--Appea from the Circuit Court for the Dis
trict of Maryland.-This was the reversal of a de.
cree dsmisstng the libel OF the schooner in q case
of collision on the Chesapeake Bay in July, 1867, the
principle aterwa ards being that 1t the duty OF
the steamer to see the schooner as soon as she
was to be discovered watch her progress and
direction, observe the general situation and thus
| keep out OF her way, having at command all the
! means TO do so-ample sea room, calm weather
and water, abundant lignt and no other vessel in
| proximity on either side. 1t Is also said the
| steamer was grossly at FAULT In approaching too
near the schooner and at too high rate Of speed,
which, as asserted. was the real cause OF the dis
! aster. Mr. Justice Swayne delivered the opinion.
No. 2o7. Town OF Queensbury VS.. Culver-Error
to the Circuit Court for the Northern District OF
New York.-This was an action on interest war
rants attached TO bonds issued BY the town In aid
OF the construction OF railroad from the village OF
Gienn's Falls to insersect the Saratoga and White
hall Railroad The bonds were purchased by the
defendant in error, without notice Of any defence
On the trial the unconstitutionallty OF the law
authorizing the subscription and various irregu-
larities were urged as rendering the bonds invalid
but the Judgment was for the complainant, and is
here afnrmed on tine authority Of the numerous
tice Strong delivered the opinion.
No. SO. Caldwell vs. United States-Appeal from
the Court OF Claims.-This was an action a con.
tract for the transportation OF military stores and
supplies in the West The government main.
tanned that there was no covenant to employ Cald-
or means, but the. Court Of Claims gave Judgment
for the claimant for portion or the amount
and the defence. OF the government sustained Mr..
Justice Hunt delivered the opinion.
No. l84. Clarke ct AL VS.. Johnson ct al, cxccu-
tors-Appeal from the Circuit Court for the South.
ern District OF New York.-The appellants sought
to recover OF the defendants as executors or one
Boorman, who was last surviving executor OF their
great grandfather j. r. Smith, the present value
OF certain lands OF which he died seized. the
compainants were children OF the son OF daugh-
ter OF the testator their grandfather dying before
their grandmother. codicil TO the win provided
for the children OF daughter whose husband
should survive her, but not for the children OF d
daughter who should survive her husband. Hence
1t was held below and is affirmed here that the
Limitation over to the grandchildren provided by
the Sodcn does not inure 70 the nenent Of the
opinion.
No. lsa. Zautznger vs.. Gunton-Appeal nom
the Supreme Court OF the District Of Columbia
This was the afnrmance Of q decree of the Supreme
Court Of the District determining that certain
lands conveyed by the parents OF the wife OF Zaut.
ginger TO Gunton terminated their interest in the
property and vested 1t IN Gunton and the Bank OF
Washington, Of which he is President. and con.
clndes the compliments as heirs. Mr. Justice
Miller delivered the opinion.
No. All. Morgan ex 8. N. Gay-Error to the
Circuit Court Of Louisiana-The testator was
charged as the drawee and acceptor OF an inland
bill Of exchange OF which one Goodrich was the
drawer, and with being the drawer OF another OF
which Pitcher aud Goodrich were the drawees.
The plaintiff did not aliege that the payee and FIRST
endorser was a citizen OF State other than Lou.