Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-17
COURT Of APPEALS DECISIONS.
A Real Estate Commission Case and
the Bank Circulation Tax.


After the adjournment Of the Court OF
Appeals yesterday afternoon opinions were
filed in the case of william B. Albert VS.
Samuel NJ. Bryan, and also in the cases of
the win City National Bank VS.. ex-U. S.
Treasurer Nebeker. and the Lumbermen's
National Bank VS.. L. S. Treasurer Huston.
The first ease will be OF considerable in
terest tn local real estate dealers and own
ers while the latter two will be Of no less
national interest. -.
The case Of Albert VS. Bryan was an ap-
peal from the circuit branch of the lower
court. where Albert secured a Judgment of
$3.50 against Bryan. Mr.. Bryan owned GER
tain real estate here. which he authorized
Mr.. Albert to sell at 81 square foot or
over. Albert undertook to find a purchase
and finally effected a sale TO a Miss Litch-
field. but at somewhat less than 81 foot.
Mr.. Bryan. contending that the price
agreed on between him and Mr.. Albert had
not been received, and that at the time he
Bryan agreed to accept Miss Litchfield's
terms he was not aware that she had come
to him through any instrumentality of
Albert, refused to pay the latter any COM
mission. The plaintiff however contended
that he had previous to the sale notified
the defendant that Miss Litchfield was one
of the parties in negotiation with him. and
further, that even il the defendant did not
so know, he tAbero was, nevertheless. en-
titled to the usual commission, because Of
MS procurement OF the purchaser
Such view was taken by the .ldge pre-
siding at the trial in the court below, and
the jury. being so instructed returned a
verdict in favor of Mr.. Albert for $3.50
The defendant excepting to such ruiz
ing, appealed to the Court of Appeals
which tribunal in an elaborate opinion
written by Mr.. Justice Shepard, sustained
the ruling of the court below and directed
an affirmance of the judgment there rem
dered.
Tax on Bank Circulation.
The case of the Twin City National Bank
agt. ex-Cnited States Treasurer Nebeker
involved the validity Of that part of section
Al of the national bank act of June 8.
1864. imposing the sem-annual tax or
charge upon the circulating notes of the
national banks organized Hereunder.
Treasurer Nebeker demanded from the
bank the sum Of &c., Is, due on its average
circulation from January / to June 80
1891. The bank paid the amount under
protest. and subsequently sued Mr.. Ne
beker for il.
On the trial in the court below the bank
introduced the journals of both houses of
Congress to support its contention that the
tax clause of the act had originated in the
Senate, and was. therefore, unconstitu-
tionai. The defendant. however, moved
that the jury be instructed to return a
verdict in favor of the defendant which
was done. Thereupon the bank appealed to
tne CoUrt OF Appeals, ana the court, IN an
opinion written by Mr.. Justice Shepard
sustain ed the ruling and affirmed the judg-
ment below. The opinion states that there
were three questions involved: Whether the
defendant could be held liable in person for
money collected In his official capacity as
treasurer: as to the right to introduce the
journals of the houses of Congress into the
litigation. and as to the constitutionality Of
the revenue clause. The first two the court
held were not necessary to be decided
holding that the Senate merely exercised
its undoubted right of amendment; that the
clause was not injected into the body Of
the bill there, and concluding that to hold
otherwise would be to defeat the clear in
tention and right of Congress in the matter