REPORTS OF CASE S ARGUED AND ADJUDGED IN THE SUPREME COURT OF THE UNITED STATES. February Term, 1826. BY HENRY WHEATON. Counsellor at Law. VOLUME XI. NEW-YORK: PIBLISHED BY R. DONALDSON, No. 45 JOHN-STREET 1826. Ne 369 'Southern District of New-York, ss. BE IT REMEMBERED, That on the twentieth day of July, in the fifty-first year of the Inde pendence of the United States of America, Henry Wheaton, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : "Reports of Cases argued and adjudged in the Supreme Court of the United States. February Term, 1826. By Henry Wheaton, Counsellor at Law. Volume XI." In conformity to the act of Congress of the United States, entitled, "An act for the encouragement of learning, by securing the copres of maps, charts, and books, to the authors and proprietors of such copies, during the tune therein mentioned." And also to an act, entitled, " An act supplementary to an act, entitled, an act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints." JAMES DILL, Clerk of the Southern District of New-York. REPRINTED FROM THE ORIGINAL EDITION BY WILLIAM S. HEIN & CO., INC. BUFFALO, N. Y. AND CLARK BOARDMAN CO., LTD NEW YORK, N. Y. 1968 OF THE SUPREME COURT OF THE UNITED STATES, DURING THE TIME OF THESE REPORTS. The Hon. JOHN MARSHALL, Chief Justice. The Hon. WILLIAM JOHNSON, Associate Justice. WILLIAM WIRT, Esq. Attorney General. MEMORANDUM. The following proceedings of the Court and Bar took place on the occasion of the decease of the Honourable THOMAS TODD, an Associate Justice of this Court, who died at his seat near Frankfort, in Kentucky, about the commencement of the present term. Feb. 218t.-This Court being informed that our much respected brother and associate Mr. Justice TODD, has departed this life, Resolved, That we will, in testimony of our sense of his worth, and of our deep feeling at the afflicting loss we have sustained, wear crape for the residue of the term. The COURT, on motion of the Attorney General, directed the following proceedings of the Bar, and officers of the Court, to be entered on the minutes: "At a meeting of the Bar, and officers of the Supreme Court of the United States, in the Court room, on Monday, the 20th day of February, 1826, Mr. Attorney General WIRT being called to the chair, the following resolves were proposed by Mr. WEBSTER, and unanimously adopted: "Resolved, That the members of this Bar, and officers of the Court, feel sensibly the loss which this Court, and the country, have sustained in the death of the Honourable THOMAS TODD, late a Judge of this Court. "Resolved, That to testify their respect for the -virtues and talents of the deceased, and their sense of the loss which the community has sustained by his death, the members of this Bar, and the officers of the Court, will wear the usual badge of mourning for the residue of the term. "Resolved, That the Attorney General, in behalf of the Bar, and officers of the Court, do respectfully move the Court, that the foregoing resolutions may be entered on the minutes of its proceedings. "WM. WIRT, Chairman." OF THE NAMES OF THE CASES REPORTED IN THIS VOLUME. A. Amedy, (The U.S. 7.) [CONSTRUCTION OF STATUTE. EVIDENCE.] The Antelope, [PRACTICE.] Armstrong v. Toler, [ILLEGALITY OF CONTRACT.] B. The Bank of the U. S., (Etting v.) [FRAUD AND CON- CEALMENT IN CONTRACTS. PRACTICE.] The Bank of the U. S. v. Smith. [PROMISSORY NOTE. 392 413 258 59 171 The Bank of the U. S., (Finley v.] [PRACTICE.] 304 The Bank of the U. S., (Williams v.) [PRACTICE.] 414 The Bank of the U. S., (Mills v.) [PROMISSORY Bussard, (Wetzell v.) [STATUTE OF LIMITATIONS.] 309 Brooks v. Marbury, [ASSIGNMENT FOR THE BENEFIT C. 78 Carnochan v. Christie, [CHANCERY. AWARD.] 446 |