, 1876-02-14
THE COURTS.
Decision o1, tin Liability or Guar
atlfUrs.
A Few More Gentlemen Who Favor The
Bankrupt Law.
Railroad Cases...ttecora Of Judgments
md NGW Suits.
.tArtYJTY Or 1UANhF7oN,

tfHhE
,ellecs, recently decided by the Supreme Court, =
contained somo interesting legal points on conf .
ne,c1al law, The nnis wAn begun In tito Superior
cnurt b7 tho arpelccs, to recover al.S from !
,t,s. Penney on = note n1ado by Penney, Weeks
4 Co. anl guaranteed By her, Sh" pleaded thai |
ain y IA discharged from liability on account Of
Tho lachcs Of tho plaintiffs in falling to prosecute
lin naakcrs of tho note, ana that the pja1neinA
,Lon,d hayo sued them, they having prop
csty subject to execution n'sos Tint
tho plaintiffs had agreed with tile max"
ors Of tho note, after It became dne'
to receive and accept ~ collateral security
another rrom!ssory noto for tho amount then
remaining due, n part having been previously
paid. Tits second noao "as Afterwards given 20
tho plsintide, aud by them sold TO tho First M
uonal Hank.
son n. Waldhaua, ~ ILL.,, 132, did not apply. "a
tt,oro was onlg special guaranty 10 TINT rase,
ant: and shtt tho liability Of q aelarantor, whn:e
Guaranty ,yaB atnotnte and unconditional. ltd
not depend on tho solvcncy or insolvency Of tho
nlsker or indorRor Of note, ana thc holder Was
not required 10 institute Any procecoinBs anainht
Tho maker. In regard to The ploa thas the guar
antor was discharged bJ reason Of tho plaintiffs
taking new note ns collateral security. the
Court hold that the Object anu hteas,on =. W.
fhp thank, uAs for ths consideration and deses-
minatlon Of the Jury. Tho doi1udant claimed
that tho second noto TnH gwen ~ pssmeht o.
tho baRuco duo on tho first, but tue VERDICT OF |
tho iury ars!nst him negstiSed that hJpothosis.
aud wAs conclusive on tho po1ht tb1 tno
secured note was not rceo'veu a. pay.
mon. Of ths first. The appellant al"ays 4, e;
noto sic guaranteed. All sllo had TO do mas to
cait on tito appelleon and tako It Up. ana thch
prosecute tho makcts., lier right Of action *as
mover suspended. Tho second noso vas ro-
colyed only as collateral, aud could not BY any
possibility release the frat note. and there nha
no rulo Of law which. forbade tho holder OF
guaranteed note to take sollateFaas' a ano 3ha1'
pellecs. MeasrA, Crane and Tashaui condncttu
tte case for tho appeleea. and Cooper, dATnstt,
and Packard for tho appellant.
NEW TAX LITIGATION.
Herman Friend waH the fret ono to die bil!
to enjoin tA1ca Saturday. Atd he states tnht M
| personal property in HAY last wab s i'8io ns
fixed by his return to Cornelius liYaii. Q, when
| tl. 600 fs Government bonds, aud should not 10
| faxed rAo Collector, however. ls eockinE TO
collect ei20.Ao on the w',olc amount. md COM
| ptainant wants to bo relieved from any taxation
on wi'js% iii sonS. a. James also resident of Deer:
fold, Lske County, says that ho In no; treated
rIuht, becsuke be was, in Nav last. without no
lice, asnessed 10000 by Cornelius Ryan. though
ho did mt oun 1t tho time any property there
Until Jujy Following, aud that At no tins
| within tho mast year I1ns ho owned moro than
S5,e00 In West Chicago. and yes he Is taxed
eB644G. ...,o.
OF Asaessor Phil1ipa In rating their property Ut
5000, when 1t WAS only worth si,ooo, without
giving them any notice to schedule: aud nov y.
that Michael Evans ih TRYING to collect S3i5.3'
! from them, t,ey want an Injunction
Martin u. Etoyous takes it to heart because
when ho has asacsscd nll hia property for ta1a-
ton IN Norwood Park, where he lives. the aM nex, 4
tho Town of South Chicago without telling hn
his purpose beforehand. and now Esaus ia at
tomptias to collect s509.40 from hin'
Lastly. James D. M5ots Elves q 1etsPhio',ta oGP 10 t
, Town Of south Chicago when uo sted 81 hsa
personal property at hih Residence ~ Evauaton.
, And EganB proposes to get Fau3.a9 from n'H
| unless stopped by Injunction
, THE RATIONAL BANK TAX cAsrs1.
Tho motion Tor Injunction in ihe cass Of the
two National Banks which filed bills. . few dayE
ago. for injunction aGainst Collector Esane y. MaIt
/ If possible, Judges Williams aud tas"ell could
:: sit together mud hear thu motion, al one car.
J.. | uas noticed to como In before Judge ihrwc'
i and lie other before Judge Williams, anu NJ!
Adams thought II would aaso Que argument, !
d tloy could DO heard together: IAc saie u ln'
.1,ares OF tL0 cap,tal Stock which adEertihct
q for tomorrow, will be temporarily poBsponed
Ia | Until After tho decai0u,
y An Tux "InrER-ecgAx TAX CASE.
In tho case Of tho Iatcr- OCEAN Printing Com
=, nanv VA Evans, Judge Faswe!i Saturday enter
's I'd an order refusing tho preliminary Injunction
!. TUE TOLEDO. PEolltA ~AnsAw RAILROAD.
!, In Tho foreclosure caro- or hecoT .s Tracy u
- The Toledo Peoria l. Watnaw Halfway CuMlia
- nv. au os.ler was entered Saturday refeErnE th
arcn,u,s Of tho Receivers, A1essrs. secur Il Ira
re cv to tho Mahtor for examination ana nun g
~ rort. These gentlemen havs had charge oi y,
IA road for over year ia accofdat!ea Mish "
of tctn.s Of tho mortgage under which they II
4. Truntcot, aud from juno last until thu anpo'n
~ n,unt Of 4. H.. Hopkins hF lleeeivor they hsv
m beeu under the direction Of tho Court.
~ | ITEMS.
20 20 ANN lon vag mado bofo5o Judge Drum,nou
In | Haturaar morning IN the case OF iluduntt '
~. w. Tl,o Chicago & linoia River Ra''road Cor
he many TO compel tho Chicago Alton Easlro'
~ alleged woEo in tho bands OF tls Altpu ls9n
b. and belonging to tho Illinois River Road. ri
ordor, however. WAS refused for thc present
ICY tho Judge, With leave TO ronow tho motion nef
dy after In caro- It slonld ho necessnrv.
Ia In The foreclosure sui. OF Dumnut spa!nse Il
hs saulo road. tue htockhu!doss OF tho road H'a
,es m application to be allowed to intervene % r
an toct the!r interests, mud tho Judge A!iowed tile
IN | 10 do uo under certain condltI0ls.
Ar. | RtrnE ve. HILL.
u. ire Tic trial nr tho above case was continued
si,. usual saturday. bit the dny was Hpent ~ foh
.or lux dispositions, and nothing Ut any 'ntere
H. SENTENCE pAY.
in Saturday wnn sentcnca day In the Unit
liz States District Court, aud shout hhlf uoz
wn iadIYduais uero relinyed Of all Suspense ~
,do their punishment. reter llanl tbs Tailor w
,i1,t wss dlctol for soilinB liquor TO prttonoss
m. nrst called up. aud Judge lAoslgstt, oftcF :, he
i u | lpg wisneHbuH ~ Ia hs pecuH1ary Is.tonsh,a
Rsu aenteteeA Hill W t'"5 ~ ""' ~ "-0N
ut thirty days. ...-...
In William hfcaIanus. convicted uf passing ooli
led terfelt money, Plouueea S"n.u N.Y. tets
ara Having already bean in Jail anne months,
up fotes tlAost, W. 'e.'e. a. 1t H. III" f.'n,r
ARE terri #hs seHsuiteoh " o.. u'''' 80 '@0
aro jail anu ~ P"J t'su " ~. ,v.,x3,,,r. ~
sca' l,riEgs House. pleaded guilty to eeIIing ''4'
rely without iscenae' A"a "o1o o'senA'soa w =
or ! tnent ol cos's. .,,,,o-s
ack James hsnhs. eonslctcu W rans,'tH .H @ w.
Ing n!ckels F6oessn sea'otes ~ e's"'Feo '1'o
er | In the venIteneREy ...,.,
nm JOHN u. Fold. for selling liquor wishou
Cul- LICENSE naa HIs nehte4to eanpe'!aSs4' ~ I ] ~
lace lehsed on n!s OWL scco6u4zAae'' 80 NH' '""'
| a