The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-05-31

| Auguste DaUezac, Appellee, VS.. Cornelius Paul
| ding, Appellant-Appeal from the Fifth District
Court. E,lsts, j. This suit is for medical ser
vices rendered by plaintiff, who is licensed ply
sican to the defendant, in the treatment OF sort,
finger and to lady who resided in the defendants
house. The District Judge gave plaintiff judy
ment on the last item for SIS, and for services to
the wounded finger 500 The defendant appealed
The evidence showed that plaintiffs attendance
on the finger lasted about three weeks, and that
some other doctor had received even more than
500 for attendance in the same case. This Court
thought itself bound to reduce the sum given by the
District Judge 10 Si9l. The Judgment of the Dis
trct Court was annulled, and Judgment rendered
for plaintiff for Sl9l-the appelees paying costs of
the appeal
Jamison y Mcintosh, Appellant, vs. LUDLOW 4
SmiM.-Appeal from the Fifth District Court. Sill
dell, j. The defendants being indebted TO plain
tiff in the of $3.50 go the parties entered into
written compromise, by which the defendants
agreed to pay one-half of that amount by install
ments, and for the residue they We're released The
plaintiff now asks for judgment for the other
halt OF the debt upon the ground that they were in
duced TO make the compromise by false and fraud
ulent representations of the defendants, and upon
the further ground of a subsequent promise to paw
There was Judgment for defendants in the Court
below, and plaintiffs appealed There were a
number of bills of exceptions filed on the trial.
Evidence was offered 10 prove various facts. and
rejected by the COurt-Which rejection this Court
thought was erroneous. lie judgment Oh the Dis
trict Court was therefore reversed, and tie case
was remanded for further proceedings, according
to law-defendants paying costs OF appeal.
Serene FISK, tutor VS.. Alrereo Fisk and Charles
Watts. executors Of Abijah Fisk, appeLiants.-Ap-
peal from the Second District Court-Eustis ].
The plaintiff, who is the natural tutor and guardian
of his children, residing in Wisconsin Territory,
seeks to recover from the executors of the late Abb
ah Fisk, the of one hundred thousand dollars.
being the amount of legacy alleged to have been
left to them under the will of their deceased uncle,
Stebbins Fisk, who died in June, 1887. One of the
executors, Alvarez Fisk, resists this demand, and
claims the amount belonging to the succession of
the late Abijah OF whom he is the residuary lega-
tee. The rights of the parties before us depended
on the construction of the following clause in the
will of The late Stebbns Fisk:
8 To my brother Abijah Fisk, | give, devise and
bequeath the sum of one hundred thousand dollars,
for his sole Use and benefit, without any security
whatever, during his natural life At his death 1t
shall be divided and given equally TO the children
of Serene Fisk, my younger brother" Under this
clause Abijah Fisk received 800, 600, which he re-
tanned till his DEATH which took place in New Or
leans in December, 1915. There was judgmentin
the Lower Courtin favor of the plaintiff but yet not
satisfactory to this Court which ordered that the
Judgment of the District Court, i'll part, should be
reversed and this Court decreed that there should
be Judgment in favor of Serene Fisk, tutor and
guardian of his minor children, Mary Elizabeth
and Newton Fisk, against Alvarez Fisk and Charles
Watts, executors of Abiiah Fisk for the sum of
500 GOO, with legal interest thereon, from the 18th
of December, 1915, until paid, with costs of suit.
In all other respects the judgment was affirmed,
appelieeS paving costs of this appeal.