, 1879-03-17
. Wrong instruction Taken Baok-Judg-
mcnts, New Suits, Eto.

-, rnrtfnn Of Il relating to the bark
~ u'As a,c,jrd 4hc cose nurclv m the
tal.s,' ,,nat stockholdcr could not attack tic
ground u,at : s'',s o,,as.ar bo,ra ossonncd hs.
1atdlfY ol oa''A ti'"' tsa' o.Ms ess.t0
,u,e he had been pafty TO It's ORGANIZATION.
T1,e nrcsent suit aB brought on M appcal-bopd
!.n a Nv Elliott Anthony, X. II. Foss, nud John
..srnoraiou," .srts and an affidavit was ied settling
nnthe % circumstances OF tho organization Of the
1p,s,national Bank, aud charging that Its char
ter vas ihFa''o. Aese1 ua''"s o1ou ~ n.y..
mEted To Vote OF INC people, lhe
nafn.iR moycd TO etrlks the pleas
t@o, ,he files, on the ground that there was no
aRdaVh o. "lH.'' .s,.. ~ w. T,,a a,1r n,,...taa
not IN ntlldaVlt OF inertia. lhe uoty queattou
nIsed was as to tho constltut!onality OF the
.h,r4er rrnutets by the Legislature to the bank
.co, ,vh,1o tfe Constttuttop Of 1913 wns st{1t
y io0' "nmu ~ to,,.tor ~ ,ho Conat,tn,Ion NJ
Ia force lne pos'sAou - ea,,s. - VI
1s4S,n controversy is as io!lows'
No act Of tho General Assembly nnthotizEnR cor
aons o. assoca!ons IT, VIII nanxne 10 pewees raeas
M e INTO effect 81 ~ ~ nn aninS -, na ~ ~ tn or1c
niles the sse n n1 "o surencng ,c
athe genera, n Y" annrnycn bv msnritrw ~ III
10 eo. 81 such ELECTION for and ugasl such
Nv. Nv '''>'
The 9Sa oyoo1 woIo not 0o'
nesu"eo '".s s.a' 'aoa"ns .an.,, ,,,.,,
NEW TRIAL ohAsTsp.
Judge McAllistcr Yesterday tlccidea The mo
son ios new .sai ~ ,.'e easf ~ % ~ Ma1sD" dns. soS
COMPANY, Which was argued before MN sonc
time ago. Tho case ~as aiso tf1ea pslofc nin1,
md resulted III Terdaet " Inc Jury Tor
tIo1sS.7 y favor Of t!,s plaintiff. Ille case
iau commissions claimed io DO due.
Yo1 had been prort to 1871, tho agent
Of the Company, nn'l IN Jsnuary, 1871,
being dissatisfied Win Ihe aniolqu1ty OF t!,c con-
ID New York, Alfred Pcll. asking hl!n to give
hm {Fox} 10 per cent on 81 risks aud renewals,
ind allow him to settle with the sub-aEonts as
10 The percentage they should receive Eel re-
ssea. IN all railway risks or renewals which w.e
may accept iron, you, leaving you to niake such
aHapgclucnts with our local hEents Us you may
think cxpeIlentn: md witht bis arrangement.
Fox expressed himself satisfied: at. Ihs pzinsipal
lied to this Is per ccn: commission on rencwaia
procured by aud accepted fro1n other ngcnts OF
the Company. The Jury we're tnstruetcd 1y TUG
Jndec, at the request OF PLAINTIFFS couuse!, that
they were to ascertain from tue correspondence
between the parties all tokcn together and from
their acts what tho intention ot Inc parties was,
and whether 1t was the Intention OF tho detend-
nt BY that correspondence 70 recognize
fox'a right TO 70 pcs CENT upon re-
nexas effected Dy himself Or any
SCENTS OF the Company upon pollelcs
originally secured ~ nm. ihat Tue jury f!iient
not ohlY Hn'e Iceuuioe W ene 'apeun@u " t .s
ssgspunpevot wcrn liz uartcs ofirr
aii Sst linz. md tas #, alter that time, ls Com,
many T mi INV EnT TX ner cent tlnon rr,ewals
Mh MI XII n 1oc9 hccn. cfrrrtn hv him init
H. spGa th au a,ta s ~ tSc fo,nnnnv rcc.iv j,saif
" t5osr :wnil lie lurits1iatumnt
propcr for the Jury 10 take into consideration Ia
determining the intention Of the PARTIES Anu