Sacramento daily record-union., 1881-11-08

a moor, barren. silver streaked region, a
ce,intry of mining camps, whose Inhabitants
are noinadic prospectors for silver and gold.
regards the State organization as 80 much OF
burden that there is strong public feeling
in favor of being annexed to California or
Utah.
Supreme Court Decision Of Importance
10 Banks and Insurance Companies.
WASHINGTON, November 7th-A decision
Of some Importance to banks, insurance COM
panies and all corporations which employ
agents, was rendered in the Supreme Court
to-day in the case OF the Central National
Bank Of Baltimore against the Connecticut
Mutual Life Insurance Company. The liti-
CATION grew out of deposit of about Si1, 900
made in the bank above named by A. Ii. Dill.
lon, Jr., General Agentof the Connecticut
Mutual Life Insurance Company, and stand
iDg on the books OF said bank in the name of
said Dillon as such agent. It appears from
of depositiug in the bank to the credit
OF his agency account money be-
lorging to him personally as well as
money collected for and belonging TO the IN
surance company, and he drew checks against
this agency account for lis own personal use,
as well as for the remittance5 which he made
to the company whose agent he was In
1874 the bank discounted for Dillon and his
wife personal note for SO, 0G0, the proceeds
of which Dillon used in certain business spec.
ulatious. When this note fell due 1t was not
paid. and the bank, on the 1st of June, 1874,
charged it to DilIon's agency account. The
insurance company maintained that the un-
drawn balance of the agency account, about
81, 600, belonged to them, and that tine
| bank had no right to psy out OF their
funds the note given by Dillon to
raise money for his own personal
use, The company therefore brought suit TO
recover from the bank the amount OF It's
undrawn balaucs-Diilon's agency account
the 10th of JUICE, 1878. The Court bslow
issued a decree directing the bank to pay to
the complainant, the Connecticut Mutual
Life Insurance Company, the amount
claimed. with interest. The bank thereupon
appealed. This Court holds that where q
claim against bank account, designated as
one is kept by tiepoaitor in a fduciary
capacity, and the bank seeks to assert its
lien as barker fer the personal obligation. and
the deposit is known to have bsen contracted
for his private benefit, il, the bank, must be
held as having notice that the fund repre-
sented by the account is not an individual
property deposit, il it is shown TO consist in
whole or in part of funds held by him in a
trust relation. The Court further holds,
quoting recent decision Of the Court
Of Appeals in England in the case of Knatch-
bull vs. Halietf, that had the money held by
the person ia tiduciaTy capacity. though not
as trustee. been paid By him to his account
st his bankers, the person for whom &c holds
the money can follow it, and lay bis charge
on the balance in tie bankers hands, even
although it is mixed With the depesitors own
money. Also that the bank cannot be PER
rnitted to assert its own claim to the balsncs
of the agency account as against the equity
of the beneficial owner, when the bank has
notics, either actual or constructive, CT such
equity. The decree of the Court below is
therefore affirmed. The opinion was by
Justice Matthews.
The Alleged Trouble Between the Pres:-
dent and Attorney.Gcneral.
WASHINGTON, November 7th-Ex-Secre-
tary Window, referring in conversation TO-
day to the alleged difference of opinion be-
tween the President and Attorney-Genersl
MacVeagh at tbe recent meeting OF the Cab
met. said while he does not think it proper for
him to discuss the nature of Che business
transacted at that meeting, he had no he it,.
ton in saying that the published account OF
the proceedings was entirely without founda-
ton. Nothing occurred which would warrant
the assertion that there was any exhibition OF
i'll feeling on the part of either of the gentle
men mentioned. The question under consid-
Grafton was discussed in the most friendly
spirit. without excitement or disagreement or
personal criticism made by anyone. Con
trary to the report, the Secretary added that
the meeting was perfectly harmonious IN
every respect.
The Newark Bank Troubie-Another
Failure.
NEWARK IN. j., November 7th.-Another
failure occurred to-day, resulting from the
bank failure. Hanson & Van Wrinkle, whole
sale dealers in chemicals, notified their credi-
tors that they are unable to meet their obli-
cations, and will cffer terms OF compromise.
The United States Court, besides ordering
rule TO show cause Why Receiver should not
bo appointed for Nugent's factory, has this
morning also .ap2oiated e. n. Miller pro-
yisional Receiver, to take charge OF affairs.
Heavy Bail.
NEW YoRK, November 9Th. : Cashier
Baldwi,.'s bail has been raised to 100000
amount. The defaulting clerk Marchbank's
bail is fixed at S10. 600. He cannot get bonds
men.
NEWARK, November 7th.-Cashier Bald
win has Just been released or S100. 600 bail.
He will appear Monday for examination.
His bondsme1 are his brothers, II. P, VIM.
H. and Theodore T. Baldwin, and seven
other persons. The dafaultrg clerk, March
sand, has been bailed for $4,000.
The Charges Against Tie Massachusetts
Soldiers.
WASHINGTON, November 7th.-The Mas
sschusetts committee investigating the charges
of misconduct of members of the Ninth
Regiment on the recent visit TO YoIktowp,
visited the police headquarters to-day, and
closely questioned the Lieutenants of police
and thoroughly searched the police records,
| but did not find a single charge Of misconduct
against any member of the reeiment during
! the stay in Washington. The committee
have gone home.
The Modoe Indians and the Quakers.
NEw YORK, November 7th-A Philadel-
! tphia paper says: It Is curious and inter
estiug fact that the remnant OF Che band OF
| Modoc Indians now established ia Indian
Territory have taken very kindly to the
teaching and assistance offered them by tie
| Friends. Some Of the agents and missionary
laborers Of this religious body have been Ia
boring among them with great SUCCESS, and
have actually established a meeting for wor-
ship after the Friends order, which the Mo
docs regularly take part III. Last week siS
of the lads of the tribe arrived in Philadel
phia, having left Fort Laramie on Monday,
to be placed at the E nlsn school, an institu
ton in Montgomery county conducted by the
Friends.
The Capslzed Scliooner-Furilier Particu
lars.
New LONDON Conn., November 7th.-
The schooner Della Hodgkins capsized in a
squall on the morning of Friday last, about
four miles off the Pollock Rip light-ship
The captain and crew succeeded in gettine
aboard again and launching boat, in which
they left the schooner. They pulled all day
for the light-ship, but failed to make it.
owing to the wind and current, and during
the night four men died from cold and ex
haustion, and their bodies were thrown intt
the sea. Saturday morning the fifth man
died. That evening the survivors were
picked up, and landed Sunday at Wes'
Dennis Mass. The names of the dead are
Edward Lux, Daniel Hudson, William Town
ley, Loren Chapman and the first mate, S
81. Miner.
Opened for Business.
OMAHA, November 7th.-The Omaha apo
Denver new short line over the Union Pacific
and Julesburg branch opened for business
yesterday. The first train from this city
with which the Chicago trains connected, left
on time last evening. 1t was beautiful
train The coaches and slsepers were built
at the Pullman car works. The first tra;c
from Denver arrived On time at 8 o'clock thi:
morning. This new train makes two daily
trips each way over the Union Pacific the
! ro,crtb of Nobrarba ir b;.v -