Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-11-02
THE NOVEMBER TERN
THE L. $. CIRCUIT COURT OF AP-
pEALs coNvExEs HERE.
FIFTEEN OPINIONS HANDED DOWN.
That OF the Lower Court Reversed
the Bonds OF Bank OGlciaIs--Death
Benefits In Secret Orders.

Benefits In Secret Orders.
The United States Circuit Court OF APP
peais convened here yesterday with
Judges Con, Paul, and Waddln on the
bench.
Fifteen opinions were handed down and
one cause was argued. The court Will
adjourn late this week until after cleo
tIon-day, and. resuming its sittings next
week, will probably be in session until
the middle Of November.
THAT NEW KENT LAND DEAL
The opinion which has the most local
interest Is that rendered in the case or
James 0. Barcus and others. appellants,
against Gates and others, appellees. The
appellants, who are natives OF Indiana,
claim that they were induced to buy at
an excessive value 99i 2s-iOO acres of
land in New Kent county, which the APP
pellees represented TO contain valuable
phosphate deposits, although under the
title OF the Virginia Mari Phosphate
Company they had operated and found
the land TO be worthless. new com
pany was formed and called the Ameri-
can Plant-Food Company.
The prayer of relief in the lower court
asked;
Il. That an account may be taken Oh
all moneys paid into the treasury OF the
American Plant-F0od Company by the
appellants and appellees, and Of all the
dealings and transactions Of said appel
lees with reference to the sale of said
Northberry tract, and that the respective
rights of the appellees be ascertained
and established.
80 That the contract of subscription
Of the appellants to the American Plant
FOOD Company be rescinded and can
Celled.
"3. That the lien reserved by the ap-
pellee. Virginia Mari Phosphate Com
pany. be declared and decreed fraudulent,
null and void, and the same cancelled.
~ That an account be taken or the
assets and liabilities of the American
Plant-Food Company, and that it be de-
clared and decreed to be ins0lvent.
20 That a decree be rendered against
each of the appellees in favor Of the APP
pellants for such sum as may be found to
have been paid by them into the treasury
Of the said American Plant-Food Com
pany.
&C. That such sum so found and de-
creed to be due be declared lien on
said real estate, and that said land be
ordered and decreed to be sold and the
proceeds to be applied as follows:
"O TO the payment of any Indebted
ness of the American Plant-Food Com
pany.
"(0 To the payment of these appel
lants.
~. That in case of any deficiency a
Judgment over be rendered against each
Of said appellees.
IS That receiver be appointed
The appelees entered a demurrer and
! I'm the court below this demurrer was sus-
j tanned.
! The opinion in this court, which was
written by Judge Morris, reverses this
Judgment. and remands the case with di-
rections TO overrule the demurrer.
BONDS OF BANK OFFICERS.
An interesting decision was handed
down affecting the bonds of bank Off
cials. i'm the case of the National Bank
of Ashevlle, plaintiff in error, against
the Fidelity and Casualty Company, OF
New York, defendants in error. removed
from the Circuit Court of the United
States for the Western District OF North
Carolina. at Asheville This was an ac-
tion on a bond executed by the trust
company. agreeing to make good any loss
sustained by reason of the fraud or dis
honesty Of Lawrence Pulliam cashier oil
the National Bank Of Asheville, TO the
extent of $4,000
The suit was brought originally TO re-
cover $7.37635, alleged to have been ios'
to the bank by the dishonesty of Pulliam
At xafQg maid
until October / 1893, when the premium
remained unpaid until the % or the 4th
of January, 1894, on one of which days II
was paid by the bank, and the renewal
RECENT. dated October ]. 1893. was de-
livered TO il containing the bond in force
from October l. 1893, to October /, 1891
In the mean time, after October l, IS9j
and before the renewal premium was
paid. Pulliam had defaulted, having on
u .cen,ber 30. 1893, gone Off taking S5,OO'
ot the banks money received by him that
dov The material issue in the case
was whether the facts known to the or
0cers of the bank on January "a. or Janu-
AIRY 4th, with regard to the absconding oil
Pulliam on the Both Of December pre-
vious. were such as in law, or under the
stipulations of the bond. made Inc CD
tanning If the receipts an invalid trans
action anu ItlutitN NV AN''N''s' -
bond void. 49,
In the court of Brunswick county the
iurv entered Judgment for the Defendant
The plaintiff excepted TO the instructions
OF the court, and to several questions OIL
the inadmissibility of certain evidence
The case is reviewed at length by Judge
Morris and the opinion of the lower court
is affirmed.
CONCERNING DEATH BENEFITS.
An opinion that is of particular inter
est IN members of secret orders was hand
ed down i'm the case of the Supreme Coun-
oil American Legion of Honor plaintin
in error. against Rachel S. w. Gootee
defendant in error. An appeal from the
circuit Court of the United states 1oi
the District Of Maryland.
The Supreme Council refused 10 pay
s. o0o 10 Rachel S. w. Gootee, beneficiary
of I<elIv Gootee. on it's benefit certihcate
No III 5SS. claiming that 1t was void be-
cause Kelly Gootee, in his lifetime, failed
/ To- nav assessment No. 1868 when IL was
dine and that at no time thereafter dlo
ne comply with the requirements OF the
| bylaws and reinstate himself by paying
! in fuu all arrears and fines within q
| stated time.
! This court sustains the opinion OF the
| lower. Judge Goff, who writes the opin'
| ion sums up as folloWs'
'In the case under consideration, we
think it is clear that it was intended by