The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-08-23
UNITED STATES SUPREME COURT.

DECISIONS.
JURISDICTION l. BAXKRuPrcY-Ir SUSTAINED
WHARF PROCEEDING RULE AGAINST THE PLAIN.
rrF IN THE xxxcurIoN ORDERS OBTAINED BY HIM
sELr.
2os James OBricn, plaintiff in error, W. George
N. Weld Henry W. Magic and Edwin Sherwn-In
the Supreme Court OF the State of New York
This is action brought to s., 4O4 ~ COL
lectcd by the plaintiff in Sheriff oil the city
and county of New York under three executions two
of which issued judgments entered in favor Of
defendants against Frederick wiltse and Albert wtsc
Jointly and sevcrally one of which issued on u
Judgment entered in of the defendants against
Frederick Witse alone
The defence relied upon that the plaintiff IN error
under certain orders made by the United States Dis
trct Court for the Southern district OF New York in
proceeding in bankruptcy agains: Frederick Wiltsc,
paid the Clerk OF that Court the moneys arising
from the sale OF the property levied by him under
said execution.
1t is hold that the plaintiff in the execution himself
having taken that proceeding in the Bankrupt Court,
and there obtained the rule complained Of he is bound
by it. In pursuance OF the order obtained the
sheriff made the sale and deposited the money the
Bankrupt Court To hold that under these Gil cum
stances tho plaintiff in the execution may maintain a
suit against the Sheriff Tor paying the money into
court instead OF to them, is sad would contrary
all authority and in violation OF the principles OF
right and justice.
Reversed. Mr. Justice Hunt delivered the opinion
REDEMPTION OF TREASURY NorEs-kPFEcr A SUR
ACKNOWLEDGMENT FOR ISsrFrIcEScy PAYMENT IN
SUCH A CAsE-voLpNTARY ACCEPTANCE
No l96. Sarah Chauncey Savage Executrx OF
William Savage, deceased, appellant vs. The United
States--Appeai from the Court OF Claims-Power was
upon the Secretary OF the Treasury by the
act OF the 11th OF January 1851 to borrow 500 O00
Tor whch he was TO issue bonds or treasury
notes, To be OF denomination fixed by the See retary
not less than $50 anu to be payable three years after
date. with interest at the rate OF seven I'D three
tcnths per cent per anDum, payable sctr-annually.
Section provides that the Secretary saali cause
books to be open, for subscription TO tho Treasury
notes for $50 aud upward, at such places he may
designate, and under such rules and regulations as ie
prescribe, to DO s1perlntended by tho assistant
treasurers at their respective localities and at other
pla by such dcpositaries, postmasters and other
persons as he may aesilnate giving notice thereof
therein directed ~ Stat AT Large, 1881 Pursuant
to authority conferred the Secretary appointed Jay
Cooke U, the special agents TO open book Tor sub
scrlptons to the Treasury notes, and il appears that
the Secretary addressed to him. such special agent
circular letter OF Instructions IN which, among other
things, he stated that ''all payments must be made
the lawful con OF the United states. aud that when
the amount subscribed shall not be paid within
the period prescribed, the ursi payment shall be
ior,eiled to the United Staiesn sufficient APP
pears the nndipg OF the Court to show
that the special agent opened q book for sub
scrlptions and that he published advertisement,
describing what the denominations OF the notes would
be and giving the date when they would be issued, and
that lac stated that the notes would be payable gold
In three years or be converted into twentyycar SIX
nole would have interest coupons attached, which
could be cut OF aud collected in gold ut The mint every
six months and at the OF interest therein pre-
scrbcd.' subsequent to the pubncaticn OF that ad-
vertiscment the tesiator OF the planun, then ul
ie became the purchaser OF Treasury notes to the
amount OF $4,000
throughout the tcstator OF the plaintiff insisted that
II was his right to have the notes paid ia god and
the jl OF March. 1896, he caused The he
transmitted here 10 certain bankers with directions
10 present the same TO the Treasury and
ask Tor the payment OF the same, with ID.
terest In gold, aud with instructions that
II the payment in lold reused to accept
the currency uuder protest Pay mert gold SUD-
sequenty refused, aud the accepted primer
pat aud interest after maturity In legal tender notes.
under protest. as directed by their employer Cola al
the tine The notes were presented worth IN the
market premium oi thirty.two cents the collar
over The legal tender notes accepted payment by
agents acting Tor the tcstaior OF the paiuti lie
manded payment In gold, bu, bis agents accepted the
IA guild having been refused Bias ID iacts me
the deoedani iustutcd the present SUIT In
the Court OF Claims to the difference IN the
market value OF gold aud legal tender the date
OF the payment made by the Quilted states
ator OF the plaintiff Judgment rendered Tor the
defendants VA The Court below and The paun appealed
to this touri.
Tho unconditional acceptance OF different medium
OF payntn irom mat promised by the tinted states,
acsolute acceptance OF smaller sum from the
rotary vi the Treasury. does lot leave the United
states to tut Their claim the ground OF durvss,
the acceptance being voluntary and without intmida
ton.
Affirmed Mr. Justice Clifford delivered the p,nion.