The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-03-24

bank against E. &. { c., judgment u "a,
Ior the plaintiH, and on error TO this
Court. it is held, first, that where money
Is paid on ralsed check by mistake,
neither party being in fault, the general
rule is, that it may be recovered back as
paid without consideration; second, but
that it either purity has been guilty of
negligence or careIessness, by which the
other has been injured, the negligent
party must bear the loss; third, that
where party to whom such oheck is
offered sends it to the bank on which it
is drawn for Information, the law pre-.
sumes that the bank has knowledge Of
the drawers signature and of the state
OF his account, and it is responsible for
what may be replied on these points;
fourth, that unless there "a something in
the terms in which information is asked.
that points the attention of the bank
officer beyond these two matters, has
fe5ponse ihai tie check is good, viii bs
limited to them, and will not extend to
the genuineness of the filling of the
check as to payee or amount; fifth, as to
| whether the endorsement OF the word
| good" with the officers initisls, unde-
suoh circumstances, would make the
bank liable beyond the genuineness OF
the signature and the possession of
funds to meet the check certified; ri
sixth, where the check is certified for q
purpose known to the bank, OF giving it
credit for negotiation or circulation, to
be used ns money, and it is SO passed
into the hands of third persons, the
bank would be bound; though the case
might be otherwise when it was only
certified, to give the party presenting it
assurance that it WAS good for his own
satisfaction in taking it.; seventh, but it
is clear that verbal reply that check
| is good, given for the information of the
party about to receive it, extends only
to matters Of which the bank had know
| ledge, or is presumed to have, by the
law, unless he is told that more extend.
cd Information is expected or asked for
as to the validity of the check. Mr..
Justice Miller delivered the opinion.
In the case of Burke against Gregera,
from the Supreme Court of Louisinna,
IN which the question was whether a
sale OF real estate made in pursuance of
an order OF the provisional court Of
Louisiana was operative to pass title
after the surrender OF the rebel forces
III that district, when the terms of the
order creating the court limited it's
civil authority in the State, answered
IN the misunderstanding that not
wishstanding the cessation of actual
| hostilities, military rule prevailed in
the city Of New Orleans aud in the
State long after that event and after the
sale in controversy. This is conclusive
proof that the civil authority was not
restored when the sale was ordered, and
that the provisional court was in the
rlghtful exercise OF its authority. Mr..
Justice Davis delivered the opinion.
Some North Carolina colored people,
who are here, say they will have IN in
terview with the President on Friday, to
secure change in the Wilmington col
lector of the port.
The compromise bill in the Senate
re-opens the whole subject, and q vote
settling the financial question and Civ
ing safe basis upon which prudent
merchants could operate, seems indef-
nitely postponed, so far NJ the Senate
is concerned. It is hoped the House
bill, which passed to-day, will be thrust
down the Senate's throut, and choke of
its blab.
Probabilities-Kentucky and West
Virginia very high or rising barometer,
low temperature, light North westerly
to North -easterly winds and generally
clear or partly cloudy weather. For the
Southern States. light North easterly
winds, falling temperature, rising ba-
rometer, cloudy weather and rain on the
Western Gulf coast. For the Middle
States and New England, fresh North
werterly winds, partly cloudy weather,
rising barometer, temperature below
freezing and possibly occasional light
snow in the latter section. The rivers
will probably fall at Pittsburg, Memphis
and Vicksburg, aud rise slightly at Lou
lsville and Cincinnati.
AUGUSTA, GA, March 23.-The Ex.
change passed resolutions favoring Go.
vernment aid to tho Texas Pacific Rail
road, and requesting the members OF
Congress from Georgia TO advocate an
appropriation. j. Adger Smythe, OF
Charleston, spoke in favor of n line OF
steamships from Charleston to Liver.
pool or Bremen. Resolutions were
passed, endorsing the project and pledg.
ing support to tho same.
Telesra raphic-Commercinl Kcports.
New YORK, March 21.-The Erie
Hallway Company endeayored to.day ia
supply the places Of the strikers at the
freight dcpots by employing Italians