Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-03
UNITED STATES SUPREME COURT.
A Batch of Decisions Ground Out at the
National Juslice Mill.

Washington, March mo. 1926, American
and Foreign chri.ti,n union, appellants, va,
Matilda Yonnt, ct al. Appeal from the cir.
cult court of the Uni ed States for the south.
ern district of Illinois.
The question presented by the case il
whether the plaintiff in error, a corporation
foreign to the state of Illinois, can, under
the laws OF said state, and in the light Of
the decision of it's highest courts, hold land
therein.
This court holds that the plaintiff in errt r
is entitled by the laws Of New York to hold
real estate for the purposes Of it's business,
and is not forbidden by its charter to exer-
else lts functions in another state. The court
also holds that it is not forbidden BY the
Legislation or by the public oolicy of Illinois
to take a tile to the real estate in the con-
troversy in that action.
The decree of the lower court is therefore
denied with costs and the cause remanded
with directions to overruie the demurrer to
cross bill and exceptions to answer, and for
further proceedings in conformity to this
opinion.
No. 1907. Township of Empire, plaintiff
in error, vs.. Smedley Darlington, 10 error to
the United States circuit court for the south.
ern district of Illinois.
This was a suit upon the coupons of GER
tain bonds issued BY the plaintiff in error to
the Indianapolis, Bloomington and Western
railroad company.
This court holds that as between the bona
fde holders Of bonds the defense of the
township is inadequate and the township
must be held liable. The judgement of the
lower court is affirmed with costs and in.
terests.
No. 146.-The town of Roberts, plaintiff
in error, rs. Mathew and NJ. S. Bales, in
error to the circuit court Of the United
States for the northern district Of Illinois.
Also a suit upon municipal bonds. Same
decision in effect.
No. 270.-Central Trust company Of New
York, receiver, ETC., appellant Us. the First
National bank of Wyandotte. Appeal from
The circuit court Of the United States to the
northern district of Illinois.
This was a suit brought by the Wyandotte
bank TO recover possession Of a certain note
for $4,000, with collaterals, given BY it to
the Cook County National bank of Chicago,
and by the latter transferred in violation Of
an agreement with the Wyandotte bank to
the New York State Loan and Trust COM
pany, of which the plaintiff in error is re.
ceiver.
This court holds:
l. That as between the complainant and
the Cook County bank, there is a perfect
defence against the note to the extent Of
S4,S6S, which amount stood to the credit of
the Wyandotte bank on the books of the
Cook County bank at the time ofthe %la,ter's
failure.
2. That plaintiff in error can claim no
more or greater right than the Cook Coup.
ty bank had. and that the complainants
are therefore entitled to the return of the
note and collaterals in payment OF the sum
of 1892.
The decree of the lower court is there
fore affirmed with costs.
No. 1863. o. NJ Hatch and John Will
lisms, appellants, va. Charles A Dana.
Appeal from the United States circuit
court for the southern district of Illinois.
This was a suit to compel two of the
stockholders CT the insolvent Republican
company to pay so much of the balance of
the fund unpaid on their respective sub
scriptions 10 he stock of thu, corporat,1n
as shall be sufficient to paw judgment ol
S6.4l9 and costs. obtained by Dana in the
U. S. circuit court of Illinois,
The main paint OF defense was that two
of the stockholders could not be singled
out and sued separately. but that all The
stockholders should be made parties.
This court holds, however, that the
liability Of the subscriber to the capita
stock of the company is severa.. aud no
joint, and that while the presence of all tn
stockholders might be convenient, it is no
necessary. The decree Of the court il
therefore affirmed with cos 8.
The supreme court decided that til,
Northwest Packet company must pa,
Wharfage fees at st. Louis for the improved
facilities afforded for landing.
The decision is the same in point as ths,
Of the Packet Compan, vs.. Keokuk, IS
United States So.