, 1880-04-13

etnnntf, appellant ys. Fred X. 1,urkhardt
II errGr To the Circuit Court Of thu United
States fur tho southern District OF Ohio.
1sf dx o sfe"set aH4ees IT. etsit w Il e ts st Ns
tlona1 Bank of Cincinnati TO- guarantee tho
.tn!lr Cinnamon tt, Tho t!hnk tn tue extent OF
nF II hef wortlr 70 t,1xe g9n r,,p to
by rcason of its dealings witt, the customer
whnsu credit WIS thus guaranteed. On the
afternoon u tho t!ny when tlIls eRreeineit
was entercd tn.o, but two hours before its
iuiI Tic Snak s oiicieti Tor ,leposit 10 lis 'nwn
credit CInnn,non's check for $1,000. The
check WIZ taken by the teller nil! lntd astie
will. n slip to show to whose credit It should
pay his debts to the bank, and tho bank now
seeks to make D,lrkhartlt liahle under Ills
guarantee for tho amount Of HIS check on
tho ground that although 1t came Into nio
tween Dnrkllardt and tic bank was signed.
It lid mt becn,ne credit 70 the customer or
debt against Cinnamon until aftcr the close
Of barking hours, when the accounts Ut the
checks which were not good returned tn tho
persons WHO Ind offered them for deposit
'rhts platntiN it, error maintains, WINS the
general custom Ut Cincinnati banks, R1al was
understood by their customers.
This Court holds TINT general usage may
lie proved I'll proper cascs ~ Ortler u re1tlnso
antiquities alld uncertainties or connect lit
citlctts, but It cannot destroy. contradict nf
intent mid. meaning Of parties gre c!eart
evidence of nsage to tho contrary Is Irrelevant
alltl rnayatlfnE. Usage caltnot make q con-
tract where there Ia n0ste, nor prevent tie
case tie contract between tic, bank aand It's
lepositnrY WIS clearly complete and irrGv-
ncabtc when the check WIS delivered by the
hitter aml received BY tl'e f2r!ngr' Il INC
'n diton%s, % i %soa i hasa ! toIti tie dspositer g
siven Se Tin 'an''s Al, sopporlunity to 10 Will!
II as he thouel1t proper. Tile delay, until
nftGr bnnkfng-llours might !lnve caused MN
tn InSe t!g whole amount, when, Will timely
notice, he might have saved It. Under such
circumstances, 1t wo,1t,i have been contrary
to tho .p1a1nest principles 9f reason gnd
Justice to permit to nnk to Slitft the burden it
pns.tor. The jMJsment 0f tic lower Court Is
affirmed with Gusts and interest
Justice Swayne delivered the opinion.
BOND Butt.
No. 12s. Charles E. Anthony, ptnintiH In
bc cc r. ' c3rt cGS of e nsof5 e ea ses
for thu District Of Missouri. This was = suit
brought upon the Interest coupons of certain
notts lsslls'l By the County of Jaspsr unttsr ;l
!hs M;. SMsn Gnaron M aft Soltcstafn Sf 'sye5 to % H.
roatl Company. This Court holds that tho
bonds III controversy wero Invalid, for the
reason that they, were mt certified aud cotin-
tersi9nutl by tho A,,tl!tbI> Of State, Us re-
qtitted by tile net Of March 80, 1877. Jntlg.
nlcnt Is therefore affirmed with costs. Chief
Justice Waltz delivered tho opinion.
M1scELLANEQUs.
No. 20 Tho Chicago l. Alton Railrnnd
Company. appellant, .vs. Samuel H.. Tur-
Il Quincy latroad Company vs.. Same. .Ap.
peal from the Circuit Court OF the United
States fur the Northern District Ut Illinois.
Decree OF lower Court affirmed with costs.
No. us. Partia Gage, appellant, vs.: Patrick
Cnrrahnr. Appeal from tic Circuit Cnnrt Of
tho United Stntcs for the Northern District
Of Illinois. Order .remanding the cns8 to
ys. Construction Company.
Adjourned.