The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-11-19
THE SUPREME COURT.
DECISIONS RESDERED Yesterday
ANOTHER TgrUApH FOB MeyEIsH.
When Observation-Disclosures htcenss'
may se Transferred. q

BANK 9tsEt1Cs Of0 B0sntn16ns Oh AleXaQs
dria. There were many points 10 the case
OF special interest to the legal profes
sion; but The great question was cne q
commercial and International law, and
which arose under circumstances OF pc
culiar and almost unprecedented character
In the Apring Of IS6l James FL MeXe etgh and
son made, and w. n. McYeigh ,endpEsed
numerous notes, which were discountedsai
ifhe Bank Of The Old Doznluion5 lin Alexandris,
where all the parties resided, amounting n
q large sum of. money. On the Oath Of May
1851, after the war aad become flagrant be-
tween the United Ssstes and the Confederate
States, to which latter Virginia was then
allied, and the day alter the people OF Vir.
ginia ratified the nsslinance iof secession al
aud captured the city of Alexandria. "A few
days thereafter the McYeighs went through
the Federal lines into theinterior of Virginia
and remsined within the Confederate Hines
during the war.
In July, August, and September following
the several notes fell due according to their
at the said bank. at which they were pay able
were protested, and notices Of protest were
ckNCN Oy lGafihs, q WY 1St ftuC sohAS uieAA
white person at the residence Of the en-
dorser, W. n. McVeigb, or at the said bank
Of which be had been president, and where
had been bis place Of business. -,..s,, -,,,a-t
This suit was an action of debt brought
by the bank against the makers and endorsel
OF the notes, and judgment was given the
baak by the Circuit, Court Of the, city o.
Alexandria. The McVeighs appealed.
1t was -coptendet. by the counsel fol, the
bank in the '6rst place that notice of protest
to the endorser was excused. because of his
departure: from the city Of Alexandra
which rendered actual notice impossible, and
that the notice given was sufficient: Ga. 81
- II was contended for the McYeighs. that
upon the invasion of Virginia BY the ,Fede
raj armies It was their legal right and duty
to adhere to oitheir allegiance to their native
State Of Virginia. Therefore that no blame
could be attached 10 them for escaping from
Alexandra, after the capture Of the city and
going into the interior Of Virginia, within
the Confederate lines, and there remaining,
aud that by so doing they occupied position
of lawful enmity towards the bank in Alex
andria when the notes fell due; and that by
the laws OF war all commercial intercourse
between enemies is prohibited, and all exec
utory contracts made before the war stls-
pended, and that, therefore, when the notes
fell due no legal demand could be made for
their payment by the bank, and Of course
there could be no notices of protests for non.
payment, and consequently that the demand,
protests, and notices Of protests served as
above mentioned were simple utilities, and
that in point of fact the notes-did rot fall
due until after the war, when demand should
have been made within "a reasonable time,
and il payment had not been made there
might have been lawful protests and notices
Of protests.
Judge Anderson, without deciding any.
thing as to the legality of the ordinance OF
secession, which he deemed unnecessary, 10
an elaborate opinion, citing and reviewing
many decisions of the Supreme Courts of the
United States and Virginia, and other courts.
In substance sustained the views Of the coun:
sci Of the McVeighs, and held that the
demand, protests, and notices OF protests.
were npllities, and that therefore the en-
dorser, W. N. MeV Veigh, was discharged from
all liabilities TO the bank, and that the judg.
meut of the court below must be reversed.
The president of the court, Judge Mon:
cure, delivered an opinion which occupied
nearly two hours in the reading, in which
he disseuted and gave his grounds of dissent
he discussed many points OF great lnteress
to the profession. ,.,f..r u, 81 rra TOD |
Judge Christian agreed substautially..with
Judge MoneuPe. 90 y &. Mo- At..l i
Judge Staples concurred in. the main in
the opinion Of Judge Anderson, and ex:
pressed bis views orally In confirmation" "oI
the main point of his opinion = -..7,' /
Judge Bouldin emphatically expressed bis
concurrence in the opinion Of Judge Anderr
son in omnibus, as be said. .-.
This litigation is understood to have In,
yolYed IN amount McYeigh's estate recover.
ed from the Underwood robbery, and indeed
all that he possessed In the world.
Mr.. Fl. o. 5Chughton argued the. case fo'
the bank, and Messrs. S. F. Beach, Jamet
Alfred Jones, and John Howard for thef
McYeighs. ~.
SAMPLE. MERCHANTS LICENSES. ~
Judge Christian delivered the opinion ol
the court iD the case of Meyerdoek ;ys, the
Commonwealth. This case came up on an
appeal from the Hastings Court Of this city,
and involved the consideration Of that por'
tion Of the Sc mple-merchaDts' law which
declares alllicenses granted 10 ssample-mer,
chants y shall be deemed personal privileges.
and not transferable. Meyerdoek WAS ;in
the employment Of Philadelphia firm, and
had q license in their name, but not in his
own. The Hushngs Court decided that The
license in the name of the firm, only, gave the
members thereof the, right to transact tht
business OF selling by sample, and, that they
could not transfer that right 10 any one else
The, Supreme Court Of Appeals held thai
the evidence as certified showed Meyerdeck
to have been the duly authorized agent o!
the firm who. had procured the license, anee
that its use By him Ras Snst violation q
the personal privilege oxen or IN the lasF
or transfer thereof. According gly, the 5udg;
,ment Of kbe lower court was set aside, ane
the CASE seat back for new trial, ,.,3sS .,3-,
- - ii1'''" =. ANOTHER, aIuNraN.,4 s.ioz
Judge Moncures delivered the opinion o
the court In the case lof Fisher Brother pS
Marsh and others. The Judgment ds M OF ths
lower court was affirmed in part and reversed
in part. 221is 5i2 20 8 l.L..l 81 - go
.geS Ic11A E1A1 RETuR ---The Secretary of tht
yesterday reeeived she OH
ciaf sreturns from Henry county. The Tetf
sor mefafersef the House or Delegates was
Rspiaain r.. Dwyer, I, ,oSO;; I. .H. hsing, 6649
Cow ssrEDsE EIEoTsos fP PlpgRs.--15r. sJohr
Bell Bigger yesterday received the deposi'
fions taken bF. The, use aof the House AZ tnf
contested eleetien easesof Micou Us. Como'
dore, Of Middlesex County. s,
PERsoN4Lc-Ar. Andrew Jinkins, clerk O
the Hustings Court, who has been quite sich
for some time past, Ras yesterday reported
eenYaieseens and regaining hia strenRt = Il
aosshuel HarrfsoB, of AiBemafle fo1ety
was created notary publ sIcc sIIcc By tha Governor