Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-11-15
Howe's name is not now as prominent.
~ mentioned as is Emroy Storr's as
MacVeagh's successor.
An Important Decision.

| oil the United States, to-day, IN the case
OF Davis Il Patrick vs.. Wells, Fargo &
Co., which settles some points in the
law OF guaranty that have hitherto been
subjects of controversy. This court
holds that where "'A, in consider
alton of one dollar to him
in hand paid" executes and causes to
be delivered to 3d." an unconditional
agreement to guarantee the payment up
tC specified amount Of "C's" present
and future indebtedness to said "B, it
is not necessary for "B' to formally no,
tiiy the guarantor, "a" OF his accept.
ance OF the terms OF the agreement, or to
keep him informed from time to time OF
the amount of "C's" huctuating indebt,
edness.
In the opinion OF this court the writ.
ten instrument in question is not merely
an offer to do certain thing which, to
be valid, must be formally accepted by
the party for whose benefit it is made.
i 1T is, on the contrary, completed con-
tract by virtue OF the acknowledgment
| which il contains, OF the receipt by the
guarantor Of valuable consideration
iOr the services to be rendered. The
payment to the guarantor OF the stipu-
| lated consideration is sufficient notice to
| him that his agreement is accepted, and
| he is, BY the instrument itself, estOpped
now from denying that such cOnsidera'
ton was received. The fact that the
| consideration is merely nominal makes
no difference.
Railroad Case.
The court also rendered an opinion OF
great importance to all railroads, fast
freight lines and shippers OF goods, is
the case of the st. Louis Iron Company
VS.. st. Louis, Vandalia, Terre Haute Il
indianapolis Railroad Company. This
was suit brought by the st. Louis lns.
Company, assignee of Meir x Co., to re.
cover the value Of certain cotton shipped
at st. Louis in 1873, for Liverpool, under
an agreement between Meir q Co. and
the fast freight line known as the Erie
and Pacific Dispatch. The cotton was
shipped by the Dispatch company
over the Nandalia line, thence
over the lines OF the Pittsburgh,
Cincinnati and st. Louis, the Atlantic
and Great Western and Erie railroad
company. II was burned at Jersey
City, while in custody OF the Erie rail-
road. The Vandaiia line did not exc
cute bill OF lading, but way billed the
freight from St. Louis to Indianapolis,
and there delivered it in good order to
the Pittsburgh, Cincinnati and st. Louis
company. The main question presented
by the case is, whether the Nandaia
line was responsible for the safety OF the
cotton after delivery to an
other carrier. Its liability was
asserted by the owners OF the property
in question, upon the ground that and
the other railroads had an arrangement
with the Erie and Pacific Dispa Ch Co.,
and with each other, whereby Il through
rate was established Tor the whOlerout
Such arrangement, 1t Was cOntended,
made the railroad companies partners
as to third persons. This court does not
decide whether the Nandalia line could
or could not take the benefit OF the
special exception in the Bill OF l.ading
given by the Erie and Pacific
Dispatch Company to Meir II Co, but
assumes for the purposes OF decision
that Mer 4 Co. were not bound under
the proof by any special terms which
lllGA luSli liNIltill SOllNtlll5. lit Spull
then holds that the mere decision to
establish through rate by railroads
among themselves on basis OF distance,
each road bearing the expenses OF its
own route and Of transportation
over it, is not, OF itself,
sufficient to make these roads
partners, or to bind any one OF them,
as by special contract, 10 transport the
cotton beyond its own line. The Erie
and Pacific Dipatch company is liable
under its contracts for the safety OF cot
ton on the whole route, but each rail.
road is responsible only for its own
negligence. Judgment OF the circuit
court affirmed with costs.
After the Gang Again.
WASHINGTON, November 1.-THE Star
Route conspiracy cases recently thrown
out by Judge Cox when filed as infor-
nation, because the Oiirnse charged
was an infamous one, is to be presented
in the Police Court in few days, and
the parties to the alleged conspiracy re.
arrested. 1t is presumed that they will
waive an Elimination and give bail.
The papers viii then go to the grand
jury.
Notes.
WASHINGTON, November l4.-Hon
Sackvlle West, the English Minis
ter, called upon President Arthur this
morning and formally presented his
credentials. He was introduced TO the
President by Blaine. The customary
Congratularv addresses were made.
1t is reported the position OF Assistant
Secretary OF the Treasury will be ten
dered George g. Gorham.