Page:Federal Reporter, 1st Series, Volume 10.djvu/737

M KAY V. IKVINE. ���T25 ���costs of this suit to be taxed. And it is further ordered, adjudged, and decreed that complainant have execution against said defendant to enforce the payment of the sum so decreed to be paid and costs. �Note. A receiver, appointed under the provisions of this act, may com- promise, donbtf ul debts " on the order of a court of record of competent jurisdic- tion." Jn re Platt, 1 Ben. 534 ; and see, generally, Kennedy v. Qihson, 8 Wall. 498; -BanA, of Bethel v. Pahquioque Bank, 14 Wall. 383; Bank v, Kennedy, 16 Wall. 19; Chemical Nat. Bank v. Bail(^, 12 Blatchf. 480; Cadle v. Baker, 20 Wall. 650; Harriey v. Lord, 10 Fed. Hep. 236; Fifth Nat. Bank v. Pittsburgh & C. S. R. Co. 1 Fed. Kep. 190. The liability of stockholders of a national bank for its debts is several and not joint. Nat. Bank v. Knox, 2 Morr. Trans. 248. It is that of principals, not of sureties. Hobart v. Johnsoni 6 FED. Rep. 493.— [Ed. ���MoKay v. Irvinb. (Circuit Court, N. D, Illinois. February 22, 1882.) �1. Hobse-Racikg — Negligence — Foui. Riding — Liability op Owneb. �The owner of a horse entered for a race takes all the risks incident to the race : and if a horse is intentionally fouled, or pnrposely runs against or inter- feres with a competing horse in the race by the rider, the employer of such rider is liable for damages for any injury which results. �2. SaMK— FOUL lilDISG, WhAT is — RiDBRS — RULE OP DUTY. �If a jockey attempts to tako the track ahead of another horse before his horse )? a ciear length ahead of the other horse, or if he crowds the other horse, so as w impede him, or compels his jockey to hold him in, or change his course to avoid a collision, it would be foui riding; and the fact that the rider who attempts a foui runs as great risk to himself and his horse as he imposes on his competitor, will not justify him in attempting a foui. �3. TlilAL — CONPLIOT OF BtIDENCE — PROVINCE OP JUHT. �In case of a conflict of evidence the credence to be given to the testimony of a witness is for the jury to determine. �4. Meas^re of Damages. �In an action for damages for the death of a horse, caused bythe collision of a competing horse in a horse-raoe, the damages must be estimated at what is shown by the evidence to have been the value of the horse killed. �M. 0. Lewis and W. I. Culver, for plaintiff. �S. K. Doiv, for defendant. �BLonoETT, D. J., (char ging jury.) Gentlemen of the jury, this is a suit for damages alleged to have been sustained by the plaintiff from the wilful or negligent act of the defendant's servant. The plaintiff claims that on the twenty-fifth of June last he was the owner of the thoroiighbred stallion known as "Wolverton;" that thia horse was ��� �