The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-11-29

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made and presented by synde but by the executor of
the synde, who had died. and whose appointment had not
been replaced by the creditors The light in which tabeau
of distribution of an nsovents effects is viewed under our
system, renders the synde nominal party except so
far his claims for commissions, etc. concerned The
as his creditors A. L. R. ia 1t is further contended the
part Of the plaintiff that there was no sale of the property
surrendered and that the whole proceedings null and
void The material defect and that most relied is
pears that the judgment homoogang the tsbau de-
nberaey rendered in the of the fact OF the want Of
pears to have been conducted fairly and than usual
publicity was given it BY Of advertisements Under
cpes which these decisions based the creditors Of the
nsolyent must be held by this Judgment of distribution The
paln was present and must be considered as party to 1t
for By her own allegations she at the time Of its rem
been given IKE Court having advedly distributed BY its
decree the proceeds of the sale of the property SUCH
settled and determined and from thatme must be viewed as
having been made under sufficient authority As to these
creditors who received the proceeds there be question:
and we think the creditors who thus sanctioned the appo
which they had an interest in having discharged ale equally
bound by the Judgment as the lay considers them as parties
to it. 1t is also urged behalf of the plaintiff, that the
whole proceedings null consequence of fhe creditors
not having been cited On this point there is evidence
orders Of Court who advised the sale and fixed the terms
thereof ln question concerning the validity of the dis
the authority Of the of Breedove Robson Ncoe
Z Peters, 434 But in relation to the validity of the sale Of
the vents estate we think The meetings OF the creditors
and the homOogaon OF the tableau sufficient In resting
Court be considered eoncedng the right of action
to the plaintiff eseind the sale In Of collision be-
pactced upon creditors have no doubt OF the remedy Of
the latter individually but in this the evidence esab
fishes neither. There is precedent Of such action
having been sustained storys Equity Pleading 53 $40,
and DO The Judgment OF the Lower Court affirmed
Jenkins e. TGgEer Gppees. Ship Monument, Capt
TrOt apt G. Eustis. This is action behalf of
the plaintiffs who ship brokers', against the defendant
for their brokerage the freight of the ship from this port
to Aicant being five cent the amount. The udg
ment Of the lower Court for plaintiffs, in the of
$780, being two per the freight and the defendant
appealed The plaintiffs opened negotiations for freight
for defendant but when the terms offered the freight
declined by defendant at the time, but few days after
through another broker the bargain concluded with the
house offering the eght, on the terms proposed by them,
and the defendant paid the last broker his commissions The
employment of broker being Veba and frequently private
and confidential and only known to the parties the legal
from the evidence that the defendant called the plaintiffs
and there termination Of the relations between the
were originally employed Had this case been presented
the Court OF Kings Bench claim of the brokers' under
the usage Of London there doubt would have been
allowed Russell on Factors 163 and 164l In Wilkinson
enable broker recover commission on the sale of ship
the fact Of his having introduced the purchaser the
ducton the foundation on which the negotiation
e f ~ US P'e came. ia 5leaT m ny R e aei
In Burnett Bouch Darlington Payne, 62O-that if
broker be authorized by both parties snd acting the
agent of eaeh communicates to the merchant what the ship
owner charges, and also communicates TO the shpowneF
parties identify the transaction and charter party
be ultimately effected for that voyage this broker entitled
affirmed.
". L. Burgess. appellee Bee5es. et al appellants
G. Eustis. The plaintiff to from the Defend
ant the value OF atbOat and of bricks, which
sunk in consequence Of being into by the Owboat
Claiborne the Mississippi about Il miles below New Or
leans Judgment was given IN favor Of the plaintiffs and
the defendants appealed The collision was Oceasloned by
msmana cement the part those in charge the steamer
which Occasioned by her having which disabled
the plaintiff own witnesses that the tow was beyond the
capacity Of the steamer This no excuse for her misman
Madame de POntatba, Gppee The Mayor, Alder
and Inhabitants Of the City Of Men Orleans appts
The plaintiff seeks to annul donation by her father
to the syunamento of New Orleans account the in
execution of the conditions alleged TO be attached it,
There Judgment for her in the Court below, and the de-
PENDANTS appealed On the Goth of April 1885, Don Andre
Amonasery Roxas, the father Of the plaintiff made the
ayuntamiento of the city of New Orleans donation of
hospital for lepers both white and coored The donation
accepted Internationally, and the ayuntamientO
ceeded take possession Of the property and to apply
admitted in the hospital. After that period it aban-
dOned and became the refuge of the Indians who after
years set fire to it and burned it down. The ground
then ceased to be used for any purpose till 1883 when the
contends that the donation is conditional one that the
city had nghtto apply the property to any other object
than that contemplated BY the donor and that by their do
ing the donation has been avoided and the property has
Teyeedto her sole heir Of the donor The Court takes
tins donation to be adonahOn SUB mode as given by Pothe
des testame1ts donations ETC., No Ia See ALSO Merlin
Reper v donations NO see also S5J, ~ u. ". DO
natonibus. The distinction also drawn from the civil
law recognized by the English Courts. Ward on Lega
cies No. 142 and there cited Law Library If the
donation made exclusively for hospital it iber
atty pOF ObrG pGdesG and governed by another exception
the general rule invoked by the plaintiff That exception
laid down in I'd febIero nOvisimO, 49, Unless the right
of return, of the nexecuOn of the mode, charge
condition be expressly stipulated the these donations
eyoeabe. The act in this contains such
ation II therefore ordered that the Judgment this case
be reversed and that there be Judgment for defendants
Robert Farr appee, Charles Gyles. jr. Gppt |
ROst j. This is suit similar to that of Fink Lewis
reported in first annual p. 1885, The plaintiff seeks to re-
the amount Of pTommissOy note of the defendant
sold after maturity one Of the credits belonging TO the
nsolyent Thomas Powell The defence is payment and
that the note satisfied by the defendant before his
(POwelPS) failure. There judgment his favor and
the defendant appealed 1t ordered that the Judgment in
this be reversed and the remanded for further
ceedings
PhiiOnise GrOuem5erg rife Of H. EvssaLIenne and T.
P. DueORj6, security injunction bond, apt Cti
zeRs Bank Of Louisiana app es. The plaintiff seeks to
annu act of mortgage entered into by her husband and
hersef in favor of the Citizens Bank of Louisiana and
has enoned order of seizure issued under it. There was
Judgment against her in the @ instance and the Injunction
her surety the Injunction bond. From this Judgment she
has appealed The Injunction properly dissolved, and
the damages allowed authorized by law The response
by OF the surety attached. when he signed the bond in
bank-t was properly filled up afterwards. The Judgment
is affirmed with costs
F0rmaH e. Kennedy, appss, II. St. John, appt-
Rost, j. In this the judgment affirmed for the
given By the District Court.
-S$S
THE POPULAR YoTE-The New York Globe
free soil paper-is taking some consolation for de-