The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-29
UNITED STATES SUPREME COURT.
Decisions.

WASHINGTON, Jan. %, 1874.
No. i9l. Sioux City and Pacific Railroad Com
pany vs., Stout-Error to the Circuit Co urt for
Nebraska.-This was an action to recover for in
jures sustained by child six years of age tn play.
ing on turntable Of the company at the town OF
Blair, in Nebraska. The questions were whether
it was negligence on the part Of the company to
leave tue table unencosed open to the approach
In or near such a vlllage-the company In no
other way contributing to the injury-and
whether the negligence was question OF law for
the Court to determine or OF fact Tor the jury.
The Court below submitted the question to the
plaintiff. The judgment entered thereon is here
sustained, the Court holding, IN substance, that
where there Is testimony tending to show negli.
gence. 1t Is for the jury, and not Tor the Judge, to
determine the question OF proper care, or whether
the facts established the negligence alleged. Mr..
Justice Hunt delivered the opinion.
No. ITO. Tiffany vs.. The Boatman's Savings In.
stitution-Appeal from the Circuit Court for Mis-.
souri.-This was bill filed by Tiffany as surviving
trustee Of one Darby. q bankrupt to recover money
paid to the Savings Institution in discharge OF q
loan made to the bankrupt, and on which he had
paid usurious interest," 1t was admitted that
the bankrupt could not have recovered per.
sonally because he had paid the usury with.
out objection, but II was commended shat being q
bankrupt when the usury was paid, the rights or
the estate were superior to those OF the nstltu-
tiOn, and the trustee could not only recover the
usury but the entire loan. under the statute
against usury. This Court hold In substance that
the TACT OF uSury does not chango the transact
lions between the parties which were lawful n
not tainted with usury, so that Darby can recover
back the whole sum, wnen Darby. II SUNG person
ally. could recover only the excess OF interest
The trustee has no larger interest than the bank
rupt. and is entitled to recover only what Darby's
estate was diminished by the transaction. To al.
low him to recover the whole sum would be to
transfer to the creditors Of Darby sum exceeding
$4,000, which he never owned, by way Of punish
mept to the bank for taking excessive interest
A court OF equity will not deal with contracts
affected with usury IN this way The relief it gives
rowed with legal interest, shall be paid.
Reversed with respect OF certain accommodation
oo On and the f Da; no n, o1no
cult court TO ascertain In some proper way tho ex-
cess Of interest raid thereon ind 70 enlarge the
spects the decree Of the Circuit Cours was correct
Mr.. Justice Davis delivered the opinion.
No. 1872. Home Lie Insurance Company VS..
Dunn-Error to the First judicial Court of Hamil-
ton county, Ohlo.-Defendant in error obtained
verdict against the company on policy Of insur-
ance in the Court Of Common Pleas OF the state.
After judgment new trial was allowed as a mat
ter Of right under the statutes OF the State. At
the next term OF that Court and before
further proceedings, the case was transfer ed to
the Circuit Court OF the United Statea where tran
script was filed and the cause dOcketed within the
proper time Subsequently motion was made to
dismiss the case for want OF jurisdiction, and, be-
ing 9yerruled, plaintiff below was granted leave
ing Thereupon plaintiff below, upon petition in
to the District Court of the county, obtained
O reversal or the order OF removal. The plaintiff
In error here then made application to the Su-
preme Court Of the State for leave to file petition
In to the order OF the District Court
which was refused. the Supreme Court thereby.
In effect, affirming the order Of removal made BY
the District Court second trial was then had in
che Common Pleas which resulted In a judgment
for the defendant la error here, which was affirmed
by the District Court. This writ OF error was
brought to the order Of the District Court
reversing the order OF removal and IL is cOntended
that the cause was properly removed, and. being
30, 1t was the daty OF the State Court to proceed
no further in the case. The Court hold that the
cause was properly removed to the Circuit Court,
and that the plaintiff below, having submitted TO
Its decision on motions therein made, was estcpped
from prosecuting the case further In tAe State
Courts, aud revers e the affrmance and Judgment
affirmed by che District Court, with directions to
that Court to proceed no further In the case. Mr.
Justice Swayne delivered the opinion.
No. S. The American Wood Paper Company VI.
The Fiber Dtsintegratng Company, and No. 157, the
latter against the former-Appeal from the Circuit
Court tor the Eastern District of New York.-This
was bill flee by the Paper Company to restrain
heterogeneous by the Dislntegrating Company OF
several patents, alleged to be the property OF the
plain tin, for the manufacture Of paper pulp and
nber from wood, straw and other vegetable sub
stances. The decree below found one OF the pat
ents void for want Of novelu; another valid, and