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![handle is hein.slavery/ussccases0413 and id is 1 raw text is: Dec. 1863.] GELPCKE V. CITY OF DUBUQUE. 175
Opinion of the court.
discounted by and belonged to the said Harris & Sons, or
was transmitted for collection, unless the jury shall find, from
all' the evidence in the case, that the defendants had know-
ledge of such private practice; and in the absence of such
knowledge, the defendants were authorized to treat such
paper according to what it purported on its face, and the
general custom of bankers in the District of Columbia and
elsewhere, offered in evidence.
This prayer contains two propositions, the one relating to
the knowledge of defendants of certain private modes of doing
business of Harris & Sons; and the other, to what the jury
were authorized to infer, from certain other circumstances,
in the absence of such knowledge on the part of defendants.
The instructions which were given by the court, and which
are in the record, were full and sound on the first of these
propositions, and we think were all that was necessary on
both branches of the prayer. But the second branch of the
instruction asked is objectionable, because it referred to the
jury the interpretation of the indorsement on the paper, and
also required of them to determine the case on the face of
the paper, and the custom of bankers alone, without refer-
ence to the special facts proven in regard to the course of
dealing between defendants and Harris & Sons. The charge
of the court left all these matters of fact to the jury for their
consideration, after a full and fair statement of all the prin-
ciples of law which were necessary to a sound verdict.
We see no error in the record, and therefore the judgment
of the Circuit Court is
AFIRMED WITH COSTS.
GELPcKE ET AL. V. THE CITY OF DUBUQUE.
1. By a series of decisions of the Supreme Court of Iowa prior to that,
A.D. 1859, in The State of Iowa, ex relatione, v. The County of Wapello (13
Iowa, 888), the right of the legislature of that State to authorize mu-
nicipal corporations to subscribe to railroads extending beyond tho
limits of the city or county, and to issue bonds accordingly, was settled
in favor of the right; and those decisions, meeting with the approbation](ViewImageLocal?handle=hein.slavery/ussccases0413&div=1&collection=&method=preview&ext=.png&size=3)