The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-06-03
FROM WASHINGTON.

t5lfe. anu Eatoufu L. Cannon ppeal iron
the Circuit Court for the Eastern District o
Virginia. Justice Davis delivered th
opinion of the court In substance as follows
1t appears by the pieadings in this case tha
on the goth of November, 1863, Gavinzel
the appellant, loaned to the appellee, Rober
Fl. CruDp, both then being residents OF Rich
mond. Va, the sum Of 90, aG0. and thai
Crump gave to Gavipzel his bond for thai
amount, and to secure its payment
conveyed (his wife joining In the con
veyapce) TO Edward Y. Cannon. trus.
tee, certain real estate in the State oil
Virginia. The main question in the case
arises on the construction Of the bond. The
bond is peculiar in its character and unu-
sual in its terms. 1t Is not due until the
close Of the war of the rebellion, and not
even then until specific demand Is made for
the money. Two things must concur to
give the ohlgee or his representative right
of action-tbe termination of the war and
demand for the money. On demand, if the
war has closed. the bond can be discharged
by the payment of the principal sum, with
out interest. but the borrower, if he chooses.
can retain the money two gears longer by
paying legal interest. On the expiration of
these two years the principal sum and &C.
cruing interest is absolutely due aad paya-
bic. So far the terms of the bond, it is adj
United, are plain enough. But there
is still another condition, on which the Chief
controversy in the case depends. It is in
these words: 'And upon this further con.
dtion, that at any time after the 1st day Of
April, 1864. and during the continuance Of
said war, if the said George GavipZ"l. or any
attorney in fact duly authorized by him to
receive payment of said sum, shall be present
in person in the city Of Richmond, and Slate
of Virginia, 7 shall have the right (f elect
50 to do) to tender said sum, without interest
thereon, to said. GavnZel 10 person, or to
his said attorney in fact in person, in said
city and State, in current bankable funds; and
upon such tender being made the said Gavin.
zel or bis said attorney in fac shall be bound
TO receive the same in full payment and salts
faction of this obligation and therenp0n the
said obligation shall be surrendered and can.
celled. But said tender is not TO be made
except to said GayinZel or bis said attorney
in fact 10 person, in the city and State afOre-
said" Ii is proved 10 the case that the money
loaned was Confederate notes, although the
fact ia not so specified in the bond, and that
after the 1st Of April, 1864, the war then con.
tiuuing, Crump provided himself with the
funds for the return OF the loan, but found
no one in Richmond who was au' horized TO
receive them, and he kept them ready to pay
Till they lost all value by the termination OF
the war. And it is commended by him, as the
tender was prevented by the omission OF
GaviDZel TO appoint an attorney IN fact to
represent him in his absence, the bond is
discharged Us completely as if the tender hsd
been actually made and accepted. This
1, ~ 10
fault for not appointing an attorney ;
but the bond does not require him
to make the appointment, nor to re-
main in Richmond. It gives Crump the
right TO make the tender if the war c'ntin.
ued after the 1St Of April, 1864. but the ten
der could only be made in Richmond. and
only TO Gavnz"l or TO an attorney in iact IN
person who was authorized 10 receive pay
ment. To other words, Toe money was pay
able if GavipZc was in Richmond, or bad an
agent there TO receive it, but was not payable
If he WAS not there, or had no agent in the
city. Crump may have understood that bis
right to discharge the bond by the tender
was to become absolute if the war lasted
land so long as it laste6) after April |, 1864,
but the contract does not admit Of constrnc-
ton consistent with that understanding
thor;z,ng it to he done, import words into
the contract which would make it materially
different in a vital particular from what II
now is. Reversed. York Times.
New York Malls.
The Postrnaster-G General sent the following
letter to the president Of the Baltimore and
Ohio railroad on Tuesday:
Posi- OFFICE DEPARTMENT
WASHINGTON, D. O., June l, 1873.
Hon. John ". Garrett. President Baltimore
and Ohio Railroad, Baltimore, Nd.
Sir,--I have just been informed by tele-
graph that the cars Of the Baltimore and
Ohio railroad carrying the mail, from Wash.
ington to New York were stopped to-day at
West PDilade phia and the mails transferred.
[ have notice from Mr.. Scott that he will moi
transport the cars Of the Baltimore and Ohio
Company over the road between Philadel-
phia and New York. This will make a
transfer Of the mails from the Baltimore
and OHIO cars uniyoid .DIe and occasion
delay. Mr.. Scott offers 10 take our morn
irg mails from Washington over the
Baltimore and Potomac road ut $40 O'Clock.
and deliver them in New York Que
hour in advance Of the present time. lie
at 9:a5 4. NJ. and deliver them at Washing
ron at 500 p. ~, which would be leaving
New York ore htur later and arriving at
Washington five minutes earlier than usder
the present arrangement.
II the transfer at West Philadelphia
from your cars cannot be avoided the public
good will require me to ac"ept Mr.. Scouts
offer. My sense Of duty will not permit me
TO continue q service that must prove
so unsatisfactory. The Post-Otfice De.
pariment will not be involved in any
controversy between Your company and
that represented by MIR. Scot but il
is charged with the duty Of conveying
the mails by the speediest rou:es, when the
expense Is not thereby increased, and it
mus, therefore, contract 10 this instanre
with the company that has the means Of per-
forming the whole service without the de-
laws incident TO the transfers referred to-
MARSHALL JEWELL,
PostmaSter.General.
Especial dispatch to the Baltimore SUM-
President Grants Views OH General
snerman's BOOK.
WASHINGTON. June 1.-The President said
to-day that be bad been reading toe book OF
General Sherman with much interest, and
he thought it was very good book. SO far
as he had progreSsedln the reading he did
not think the work properly subject to as
much criticism as he had expected from
what he had heard of it. There were great
many statements 10 it which no doubt ap-
peared extraordinary. but The portions of the
book which be bad perused did not exhibit
as many inaccuracies as he had looked for.
There was no DOUBT q great many people
who would assume to give different YER
sions of the events narrated BY General Sher-
man, and this was naturally 10 be expected.
~. % .rorl- Of Tho Lind Was certain to tread