The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1876-02-15

attendance II. Second division-En.
rolled II; average attendance II Third
Entlled14. average eattchd
ahcs 10 Total number enrolled Sc; av.
eraee attendance Al. Weekly enroll
ment 80. SO, Al, 80; average so High
es, daily attendance so; lowest 81.
First d vision Includes all In Primer
and First Reader, sec md division all in
Second and Third Readers; third divis-
ion, all 9th RS. e, D JOHNSON,
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From the Cincinnati Gommsrcial., ieSth ult) &
United states Court. TN 7sq
2 The following is q full statement Of d
case in the Circnit Court. which was deci-
ded by Judge Swing. on the day before
yesterday-that OF Joseph A Ankeny
VS. Frederick NJ. Feislcy. This was a
suit upon a. promjssory note for $500.
bearing eight per cent interest, dated
March 10, 1874, of which the defendant
was maker. @'''s5''57 ~
Several defenses were ;nterposed, viz /:
First-Fraudulent representations in
procuring the note. j.
econd-Fraudin obtaining the sigma
ture of defendant to q promissory note,
when he intended to sign another paper
Thiril--Gross neglect on the part Of
the plaintiff in taking said note, and a
knowledge on his part of circumstances
connected with tue fraud sutfi :ient to ..in-
validate the note in his hands. =.
: II seems that the note was originally
given the agent of r R. Fenner & Co., in
consideration Of the right to purchase
patent plows, at wholesale prices, Of the
Hamilton Plow Company, with which
company r. R. Fenner & Co. had a con.
tract. The note passed through several
hands, namely, those of f. Herman, ]. E
Harmon, and bank at Xenia, Ohio, until
it at last came into the possession OF
plaintiff-a brother Of the Cashier of this
bank, at Xenia-who claims to be an in
nocent holder without notice.
The Court believed the original trans
action to be frand, and that Tiernan,
Harmon and tie bank at Xenia, had such
knowledge of the fraud as would invali
date the note in the hands of these three.
But the plaintiff, who lives at Des Moines,
Iowa, does not seem to have had guilty
kno Wedge or completely in this, frand -
He purchased in good faith Of the Xenia
bank, as he had several times before pur-
chased similar paper. He swears posi-
lively that he supposed the paper good,
and seems to testify frankly. HIS broth
'er, the Cashier oil the xenia bank, wrote
him that the paper was good and would
be paid at maturity. The Court would
have no hesitation in deciding for defend
ant, as against either OF the parties con-
.cerned, except the plaintiff, whom the
testimony shows to be an innocent holder
for value.
There is considerable discrepancy in
the decisions of, the various State Courts
but. the Supreme Court Of The United
States, in number;of elaborate aud well
considered decisions, has laid down the
rule, now we'll established in that Court,
and which follows the well settled doc
trine of the, English Courts, namely
IsWhen note is not made void by stat
ute, mere illegality will not invalidate it. :
(2l Wallace PIP. 24l and 359
In tue opinion of the Court the penal
statute OF Oaio, referred to by counsel
does not make the note in this case void
by statute. Justice Swayne, in, an ex
haustive review of the authorities, En
glish and American, | Murry vs. Lardner
3 Wallace, p. Ito, renders the decision
of the Supreme Court OF the United
States upon the points raised in this case
and holds that "The party who takes
promissory note before due for valua
BILE consideration, without knowledge o
any defect of title, and in good faith
holds it by title valid against all tn
world ;" ,.,ss..s .,.,sas.
.Suspicion Of the defect of title, or tn,
knowledge of circumstances which woult
excite suspicion inthe mind of pruden
man, or gross negligence on the part Q
| the taker, at the Lime of the transfer, vii
not defeat his .itle. That result can only
be produced by bad faith on his part"
aThe burden of proof lies on the per
son, who assails the right claimed by th'
party in possession 81.
"Such is the settled law Of this Conr,
and we feel no disposition to depar. fron
it, 5s; "a ), 81 80, I,,,, 4
While the State Courts might be at lib
]erty.to depart from this rule, and to con
slider the DECISIONS Of Courts in othe
States, this Courtfeels bound BY the, mi
form decisions Of The Supreme Court B
the United States. ,, s.,4 ks4~ 4se,. -
Upon the whole case, under the .rul
governing this Court, judgment will b
rendered in favor Of plaintiff, for th
amount claimed 1861 TLs.ss, s.
/ The G ,urt reluctantly comes to thi
Iconclusion, and would be glad to .affor
[relief to the defendant, who vas impose
lup0n.eI ~ sd le. ere Ssa 10 cg m
/ Noyes 4 Lloyd for plaintiff, j. NJ 4 G
B; 0key fpr defendant. s@g ses IT.
i The Black Hills Argoaauts. )
i OMAHA, NEB. February IA flettt
from Custer City, id the Black Hills, d'
tied January 25th, says that over fort
houses are now up, and sixty more al