Page:Federal Reporter, 1st Series, Volume 2.djvu/292

 MO. BIT. PKT. CO. V. H. & ST. J. H. CO. 285 �negative. But these decisions are only persuasive, as may be said also of a recent decision in this court by a late eminent judge, comformably to the state rule. The question involved is not one of local law, but of general commercial jurispru- dence ; hence the duty of the court is imperative to foUow the guidance of general judicial opinion concerning it. As to the preponderating weight of this opinion there is scarcely ground for doubt. �In perhaps the majority of the United States, the law is settled that the taking of a note as collateral security for a pre-existing debt is a holding for value. So it is held in England. See 2 C. M. & E. 180 ; Percival v. Frampten, and Poirier v. Morris, 2 E. & B. 89. It is stated to be the better doctrine in 3 Kent's Com. *81; in fcitory on Prom. Notes, § 195 ; in 1 Parsons' Prom. Notes, 218 ; and in Byles on Bills, by Sharswood, *28. It bas the judicial sanction of Judge Story, in Swift v. Tyson, 16 Peters' R., whose adoption of it is dis- tinctly approved by the supreme court in McCarty v. Root, 21 How. 439. �Such weight of authority must be regarded in this court as decisive, and judgment is, therefore, entered for the plaintififs ou the case stated. ���Thb Missoubi Riveb Paokbt Co. v. The Hannibal Se St. Joseph Eaileoad Company. �(Ovrcuit Court, W. D. Mùaouri. May 10, 1880.) �Bridges— MissiBsiPPi AND Missouri Hivers — Sectiok 2, Act op Cokgress OF JuiiY 25, 1866 — Passage "Wat Bbtwebn Pibrs — Width of.— Section 2 of the act of congress of July 25, 1866, authorizing the construction of bridges across the Mississippi river and across the Missouri river at Eansas City, constnied as requiring that the passage way for vessela between the piers of any draw-bridge built under said act sliall be 160 feet wide in the clear, measured by a line running directly across the channel, and at right angles with 'the piers of the bridge. 'Where a bridge is built diagonally across the river, a measurement along the lin» Of the bridge la not the proper measurement. ����