*1 Company Dec. 195 Railroad 1872.] v. Johnson. Opinion of the court. must be, it is the in as it warranted plainly erroneous, jury for the finding whether the plaintiff, substituted ingredient for the one omitted was new or or the one sub- оld, whether stituted was or was not well known at the of the date plаin- tiff's as a patent substitute the for omitted proper ingredient.
Judgment reversed and a new venire ordered. Company
Rаilroad v. Johnson. The of the of of constitutionality Congress 25th, 1862, aсts February and subsequent thereto, of acts in making addition certаin notes of the legal debts, a in payment United States tender of reaffirmed. the Errors error to Court of of Supreme Conneсticut.
In Johnson sued the Norwich and Worcester Railroad Com- for on certain interest attached to coupons bonds, pany said When the made the A. D. 1860. company by coupons was tеndered in the due, the amount fell *2 of
Statement the case. the оf therefore, Supreme ordered that the It is, judgment same is the оf Connecticut and be, hereby, Errors of Court for further that court thе cause remanded to and reversed, proceedings opinion. conformity with this In I think it my duty dissenting: CHIEF JUSTICE
The announced, the just from dissent judgment to my express the court in Hepburn in of the opinion stated reasons for the in Knox v. Lee, Griswold,* dissenting opinions and in the v. Parker v. Davis. and in сoncur this and FIELD CLIFFORD brothers
My dissent. Way.
Pelham v. “ insurrection, When, 17th, 1862, punish act of to July suрpress under the to rebellion, rebels, and confiscate thе of property and to seize treason the and monition hаve been framed in purposes,” for other libel .and way, his in such process and the marshal lias served a way, a that such form, оf the and a in notwithstanding completion proceeding the sale not, the property, property to divest the rebel of his has intended after law, all, rights uninjured, remain been divested in and the rebel’s he a in action marshal for false return recover against an the more cannot damages. nominal than the Circuit of the United States for to Court the Error of Indiana. District 1862, 17th, act of аnd en- An Congress, approved July “ insurrection, An to to
titled act trеason punish suppress to and the seize confiscate of rebellion, rebels, and property other other and for рurposes,” among things, provided, .“ or if within State of that the any Territоry any person than named as aforesaid after other those the United States armed act, in rebellion of this being against еngaged passage or or States, of the United the aiding abеtting government after within warn- not, public such shall rebellion, sixty days * Wallаce, 8 603. notes legal-tender the issued under act States, the of of United of Congress the several acts in 25tb, 1862, and addition theretо, Eebruary The court refused. State rendered and were they judgment the this was not and that that tender good, plaintiff should with interest in the the amount and receive silver coin gold This the writ of error was of United States. to brought that reverse judgment. the in No Halsey, Mr. error. рlaintiff J. counsel. opposing for MILLER delivered Justice the of the opinion Mr. court. with the settled In accordance this prinсiples court in by Lee, and v. Parker v. Davis* cases of Knox which the were Smith,† in v. the was a Dooley tender affirmed and good valid for and the coin is one, erroneous, and judgment must be reversed. * Wallace, 12 13 457. Id. 604. † Ct. Way. [Sup. 196 v. Pelham