Page:Federal Reporter, 1st Series, Volume 4.djvu/34

 M FEDERAL REPORTER. �uty who made the arrest, in order to show that it was not by the instruction of the plaintiff or his attorney that he vent ■with the writ at that time to that place to arrest the defend- ant." �The evidence is uncontradicted that the deputy marshal did go, at the time and place designated by the agent of the plaintiff, to make the service of the summons, and there is no disavowal on his part that he procured the presence of the defendant then and there. �The writ must be set aside. ���ExcHANGB Nat. Bank of Pittsburgh V. Thied Nat. Banc OF New York. �(Cirevit Court, D.Ne'mJei-aey. October 2,.1880.5 ' �L Bul 0* Exchange— Acceptance— Agent.— An agent for the collec- tion of à blll of exchange is liable, if he f ails to notify his priBcipal- when suoh bilj has been duly presented and acoeptance according to its tenor ref used. ., �2. Sami!—8,ame—Samb.— Certain bills of exchange addrepsed to " Walter M. Conger, secretary Newark Tea-Tray Company, Newark, N. J," were foï*Hrarded to the defendant bank for colJection,' withôut special instructions from its principal, or any information which mightqiial- ify or explain the import of the bills upon their face. The bills were duly presented to Walter M. Conger, and were accepted in writing across their face, as follows : "Accepted. Payable at the Newark Na- tional Banking Company. Walter M. Conger." Hdd, in view of the facts, and in view of the decisions of the courts of the slate in which the drawee of the bills resided, and where they were to be accepted and paid, and of concurrent decision? elsewhere, that the defendant did not commit any breach of duty in talcing the accepiauce in this form. �, for plaintiff. �, for defendant. ���McKennan, C. J. This suit is brought to recover the amount of 11 several drafts discounted by the plaintiff, and transmitted to the defendant for collection, and alleged to have been lost by the defendant's negligence in receiving an improper acceptance thereof, and in not causing the same to ����