St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-11-25
SUPREME COURT DECISIONS.
Important Decisions to Bankers and
Railroad Men by the Su-
nrpma Court

WASHINGTON, Nov. PA decision Of in
terest to bankers was rendered by the United
Statas supreme court to-day, in the case Of
the Exchange National bank of P.ttsburg,
Pa, plaintiff, In error against the Third Ma
tional bank Of New York. The Piitsburg
bank sent to the New York bank for collec-
ton eleven unaceepted drafts, dated Al vari-
Gus times through a period Of three months
and payable four months after date They
were drawn on Walter McConger, secre-
tary of the Newark Tea Tray company,
Newark, n. J., and were sent TO the New
York bank as drafts on the tea tray company.
The New York bank sent them for collection
TO bank in Newark, and In its letter Of
transmission recognized them as drafts on
the company. The Newark bank took an ac-
ceptance from Conger individually, on. his
refusal to accept as secretary, but no notice
Of the fact was given the Pittsburg bank
until the first one of the drafts had mstured.
At that time the drawers and an indorser
lad become insolvent. The drawers having
been in good credit when the Piitsbarg
bank discounted the drafts, the court holds
that the New York bank was liable 10 the
bonh AOA SUI Adlll-
ages as IL had sustained BIZ
negligence Of tie Newark bank, the circuit
court having on trial before it without jury
made a fin ding, the facts Of which did not
cover The issue as to damages or any given
Judgment for the defendant. The court on
reversing this judgment remands the case
for new trial, being unable % render iudg-
ment for the plaintiff for any specific amount
Of damage. similar decision was rendered
in the case Of the Trademarks National bank
of Pittsburg against the Third National bank
Of New York, which involved this same
question.
The only other decision Of public import
ance rendered by the court to-day was in the
case of Lawrence Hart, Plaintiff In error,
against the PENNSYLVANIA Railroad company,
which presents the question OF liability Of a
common carrier for the full amount Of actual
loss OF property by accident in his hands,
when the bill OF lsding for such property
signed by the shipper limits the company's
liability 70 a sum much below the real value
The following is a statement Of the case with
the opinion of tine court: The plaintiff In
error, Hart, shipped five horses and other
property in one ear by the Pennsylvania
railroad. On the bill Of lading, signed by
bin. which stated the horses were TO be
transported upon the following terms aud
conditions. (which are accepted by me as
lust and reasonable: First, TO pay the freight
thereon at a rate specified ON the condition
that carrier assumes liability on
stock 70 the extent Of the following
agreed valuations. II the horses or mules,
not exceeding 5000 each. II
chartered car, on stock and contents In the
same. al, 200 for carload. But no carrier
shall be liable for the acts Of the animals
themselves. Nor for loss of dam
age arising from the condition of the ami
mails themselves, which risks being beyond
control of the company are hereby assumed
BY their owner and the carrier released there
from. By the negligence of the railroad
company or Its servants one horse was killed
aud others injured, and other property was
lost. In the suit to recover damages it ap-
pcared the horses were race horses, and the
plaintiff offered tO show damages based on
their value, amounting to over s25, 900. The
testimony was excluded and he had a verdict
for $1,000. This court holds first,
that the evidence was not admissible, and
the valuation and limitation of liability in
the bill Of lsding were just and reasonable
and binding on the plaintiff; second that the
terms OF Limitation covered the loss through
negligence, and third that when q contract
Of the kind, signed By the shipper, is fairly
made, agreeing on the valuation Of the
property carried with the rate of freight based
on the condition that the carrier assumes the
liability only to the extent Of the agreed val
uation-cven In case OF loss or damage by
negligence Of the carrier-the contract will
be upheld as proper and lawful mode of
securing in due proportion between the
amount for which the carrier may be respon-
sible, and the freight be receives, and pro-
tecting himself against extravagant and fan
ciful valuations. The judgment of the cir
cult court is affirmed