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Gold-Mining Company v. National Bank U.S. 640 (1878)

handle is hein.slavery/ussccases0448 and id is 1 raw text is: GOLD-MINING Co. V. NATIONAL BANK. [Sup. Ct deed. The matter being thus reported to the court, it can, al the end of the time limited, make such final decree of confirma- tion and foreclosure of all equities as are necessary and proper: or, if the land be redeemed, then such other decree as thE rights of the parties consequent on such redemption may require. The decree of the Circuit Court will be reversed, so far as it requires the sale to be made in accordance with the course and practice of the court, and the case remanded with directions to modify the decree, by making provision for the sale and redemp. tion in conformity to this opinion; and it is So ordered. MR. JUSTICE HARLAN dissented. GOLD-M /iH G COmPANY v. NATIoNAL BANKL. I. A defendant, sued by a national bank for moneys it loaned him, cannot set ul as a bar that they exceeded in amount one-tenth part of its capital stocb actually paid in. 2. Where an agent, without authority, borrows moneys in the name of his princi- pal, and the latter, when they have been applied to his use and payment is demanded of him, fails, within a reasonable time thereafter, to disavow thE act of his agent, the jury is authorized to consider the principal as assenting to what was done in his name. A juror in a 6i vil action, who, on his voire dire, expresses an entire willingness, as well as ability, to accept the facts as they shall be developed by the evi dence, and return a verdict in accordance with them, is not rendered incom petent by having previously conversed with a person about the case, and received an impression in relation to the facts. EaROR to the Supreme Court of the Territory of Colorado. The facts are stated in the opinion of the court. MJr. Wheeler H. Peckham for the plaintiff in error. Mr. J. M. Woolworth, contra. Mr. JUSTICE HUNT delivered the opinion of the court. This was an action by the Rocky Mountain National Banl against the Union Gold-Mining Company of Colorado, to recove

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