The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-10-17

SUIT AGAINST THE CRESCENT CITY.-A suit for
Injunction was yesterday filed in the Third District
Court, by Messrs. J. P. Whitney & Co. Us. c. Stod-
dard ct al. The petitioners represent that they are
the true and lawful owners of one undivided fourth
interest or share in the steamship Crescent City, and
that the other parties interested in said vessel, are
represented by c. Stoddard, the master, for the
business of the ship. 1t is further shown that by
the original articles of agreement entered into by
private writing between petitioners and the original
owners of said vessel it agreed that the entire
business and agency of said steamship in this city
should be conducted by the petitioners, and that
they should receive 5 per cent. on the amount of
passage money procured or collected here, and a
further sum of q per cent upon the expenditures Of
said ship The petitioners state that during 1917
and up 10 June 1913 they have paid to the order OF
their associates the full sum of $56,0O0 which was
the price of the one undivided fourth interest of said
steamship The Crescent City has made three
complete trips from New Orleans to New York,
during which the petitioners have faithfully per-
formed all the duties agents Petitioners further
show that by the written contract for the building
of the said ship, Isaac Newton agreed that he would
take and retain onehaf interest therein, but that
in violation of said agreement, he has nOminally
conveyed to Charles Morgan, by some pretended
bill Of sale or assignment his entire interest in said
ship; that the said Charles Morgan has, as petit
TONERS verify believe accepted the transfer Of the
entire interest of said Newton and that said Charles
Morgan was at the time well aware of petitioners
right to the agency in New Orleans. They also
aver that Isaac Newton is still part owner of said
vessel notwithstanding the transfer aforesaid Pc
ttoners further state that the other part owners Of
said ship, as also Charles Morgan, - Engle and
- Dana have attempted to deprive petitioners Of
the said agency and its profits, and have combined
with Harris & Morgan, merchants of this city, in
order to accomplish said purpose and have directed
and authorized them to announce themselves to the
public as agents which said Harris & Morgan have
DONE That the petitioners, as soon as the vessel
arrived here, called on Capt. Stoddard, and as
agents, demanded the freight list, bills of lading
&c. but that said master refused to deliver them
The petitioners further assert that the commissions
resulting from said agency will be fairly worth tC
them over 81 900 year. They also aver that said
Harris & Morgan persist in attempting to collect the
freight and passage money, and that the illegal con
duct of said parties deprves petitioners of the pos
session, control and use of their property, thai
it will greatly diminish the market value of then
interest and share in said steamship, and that the
attempt to deprive them of the agency will inflict a
serious and lasting injury upon the business of then
house. Petitioners therefore pray for a writ Of in
junction, to prevent the defendants from collecting
freight, passage money and in fact preventing then
from doing anything appertaining to the business o.
said ship. The petitioners have given bond il
$50 600. McOu for petitioners.