Page:The Green Bag (1889–1914), Volume 24.pdf/118

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

The Editor's Bag MR. SANS RECOURSE AN ATTORNEY who had a claim against another attorney accepted with client's consent, the note of a third party to debtor endorsed "Sans Re course." A few days after maturity the note was placed by the holder with a bank for collection, and the usual notice sent by the bank to the maker. The maker brought the bank's notice to the collect ing attorney, and asked him to tell the bank the note would be met later in the same day. This was done, and the bank's note clerk produced the paper, examined it, and said, "All right, we have Mr. Sans Recourse and the other endorser — do you happen to know where we could reach Sans Recourse if necessary?" Explanations followed, and the note clerk said, "Gee whiz, I am glad you called. If that paper had come in before maturity, we might have included Sans Recourse in our protest."

AN OPINION OF ALEXANDER HAMILTON r IT* HE extant opinions of Andrew •*• Hamilton, we understand, are very scarce. Through the courtesy of John B. Daish, Esq., of Washington, D. C., we are able to publish the following ver batim copy of an opinion with reference to a contract of land between Sir Wil liam Kieth, Governor of Pennsylvania and the Province of Delaware, 17171726, and one John England. The ori ginal document is in the possession of Mr. Charles England, chairman of the Baltimore Sewerage Commission. Sr: Wiln Keith Articles with one John Eng land to convey to yc said John in ffee simple clear of all Incumbrances (except some money due upon the same to the Loan Office &c) sundry Lands and Tenements in New Castle County on

97

Delaware upon part of which Lands there was a small Iron fforge and supposed to be a great Quantity of Iron Ore; in Consideration of which John England was at his own charge to Erect sundry chargeable works for carrying on the making of Pigg and Barr Iron if a sufficient Quan tity of Iron Ore or Mine could be found on ye Land for supplying the said Works and Sr: Wiln was to have one sixth part of all the Lands Iron Works &c when finished &c. But by the said Articles it was further agreed that if John England could not be supply'd with a sufficient Quantity of Iron Ore upon the said Lands for the Purposes aforesaid then he was to reconvey all ye Lands and Premises to Sr: Wiln Keith ye said John being ffirst repaid all the moneys paid for or on account of the said Sr: William And by the said Articles it is agreed that ye Conveyance of the Premises by the said Sr: Wiln to be said John England shall be in Trust for the Uses in the Articles aforesaid and especially that if ye said John shall not within ye time limited in the Articles find a sufficient Quantity of Iron Ore for carrying on the said Works and shall be willing to reconvey ye said Lands to Sr: Wiln his Heirs or Assigns the said John shall have power and right to sell as much of ye said Lands &c. as will repay him the money he shall have expended in redeeming the said Lands or on or for Account of the said Sr: Wiln as in ye said Articles is agreed. John England upon enquiry and tryal finds there is no Quantity of Ore to be got opon any part of ye Lands sold to him by ye said Sr: Wiln the mine of Ore being in the Land of one John Evans who lives near that place and who it was said had promised to sell his land to Sr: Wiln. But the agreement between Sr: Wiln and ye said John Evans (if any such was) not being reduced to writing John Evans denyed ye Bar gain and will not sell the Land so John England is ready to reconvey ye Lands to Sr: Wiln or hia assigns upon their repaying him the money he has advanced and laid out about the Premises which with Interest amounts to ffour hundred and seventy three Pounds, Six Shillings and seven Pence; but neither Sr: Wiln or any Person having right in said Lands or any Person repre senting them have repaid the moneys advanced as aforesaid for and on Account of the said Sr: Wiln and for redemption of the said Lands. And John England having applyed to some Person or Persons representing ye said Sr: Wiln or his Assignees who owned it that John England should be repaid his money, agreed that he should have as much of ye Land valued and