The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-05-25
Decisions Of the Supreme Court.
(RrspEprD MONDAY, MAY I'D, 1882

her husband, dppetleeS, VS.. Ddcad W. o0CteS ana ~.
! ~ He. Appeal from the Fifth District Court, Sill
! dell J-This suit was brought to recover the price
of slave bought by plaintiffs from one Glasgow,
with full warrantes. Plaintiffs charged the de-
PENDANTS and Glasgow with cousion-that the
slave was runaway, and that the defendants knew
the fact; that the sale, though made in the name OF
| Glasgow, was by the procurement and for the &C
count of the defendants. The District Judge
was OF the opinion that the allegations of plaintiffs
| petition We're fully sustained by the evidence, and
this Court fully concurred in that opinion the at
tenton OF this Court was, therefore, addressed to
| the points of law presented in the arguments Of
! defendants counsel.
The defendants objected to parole evidence to-
prove the existance of a partnership interest in
Sawles and Hite with Glasgow upon the grounds
that partnership in slaves must be in writing, I'M
der article 1907 of the Civil Code. This Court
thought, however necessary written conlractmght
be to establish such contract between the parties
thereto parole evidence was admissible in favor Of
third party charging partnership interest, and a
fraud committed by one of the partners by the pro-
curement and for the benefit of his associates. And
for the same reason this Court considered that the
plaintiff was not estopped from showing the inte-
rest of Sawles and Eite by the deed of sale in
which she contracted with Glasgow alone, the par
ly put forward by the defendants for the accom-
plishment of the fraudulent purpose. 1t was also
commended that the action barred by prescrlp-
ton. The slave ran away on the 10th OF March,
lS45. On the 23d of April 1915, an action was
brought against Glasgow, upon which judgement
was rendered. During the prosecution of the suit
the plaintiff discovered the connection of Glasgow
with the present defendants, and brought the pre-
sent suit on the Both of March, 1916. BY the
Civil Code the redhibtory action is prescribed after
one year. This Court thought that the knowledge
of the fact of running away did not necessarily i'll
volve the knowledge of the pre-exstence of tho
bill which is the basis of this action The plea Of
prescription was, therefore, properly over-ruled-
But for other reasons, this Court thought that the
-c ,t,nrl Hn
from 1862 IS to 1862 IS, and being reduced.
the judgement aifirmed-the plaintiff paying
the costs of this appeal
C. C. Snethen, Agent, appellee, VS.. the Tennessee
Marine and Fire Insurance Company. Slidell, j.
For the reasons assigned in the opinion of this Court,
in the suit of Snethen u.s. the Memphis Insurance
Company, the ud cement OF the Court below Is
affirmed with costs.
Louis, statute hber praying for emancipation, ap-
peItant, VS.. the opposition Of DaU'd Cousin. APP
peal from the First District Court. King, AN
toin CEREAL. by his last will directed that his slave
Louis should be liberated at the age Of twenty-one
years-until that time he was left under the care
and control of the executor, David Cousin, with
the injunction to the latter to cause said slave to be
taught trade. Louis lately presented petition TO
the District Court setting forth that the time had
arrived for his emancipation, and claiming wages
for the time he had served Cousin, and prayed for
the appointment of curator to take charge OF his
property and a person in conformity with the
order aside-the rule was made absolute, and Louis
appealed This Court thought the District Judge
did not err. Judgement affirmed with costs.
Josiah Lee, appellee, VS.. VIM. L. Hodge: Appeal
from the Fourth District Court Slldell, For
the reasons assigned by the Judge below the judge
ment of the District Court is affirmed with costs.
Lee e. Judson, appels. vs. {. X. y c. A. Bullard.
Appeal from the Fourth District Court-king,J. On
a re-hearing The principal question In this case Is
the right of and good faith OF a sale OF merchaIi-
II r,lo iutiF allauaI tn he frauiu-
lent The first examination of this case induced
this Court to think that the judgment of the Dis
trict Court was supported by the law and the evil
dence Involving as the case does, a question OF
fraud in q commercial transaction, the proof OF
which, if it exists, depends on numerous facts dis
closed by witnesses, this Court thought, upon fur
Their consideration, that the most appropriate form
for the trial of the issues presented would be jury
of merchants. This Court therefore reversed the
judgment of the District Court, and remanded the
case for new trial, the appellees paying costs OF
this appeal.
c. A. Billiard 4 Co., appels, vs.. }. l.. LeW's.
.Sherif-Appeal from the Fourth District Court
King, J.-For the reasons assigned in the above
case, this Court reversed the Judgment OF the DIG
trct Court, and remanded the case Tor new trial
C. A. Billiard y Co., appels., vs. j. L. Leo,s,
Sheriff. and Wells y Spring.-Appeal from the
Fourth District Court-King, For the reasons
assigned in the second above case, the judgment OF
the District Court was reversed and the cause re-
manded for new trial.
Mills Judson appelt., VS.. Bridget T. Connolly
Appeal from the Fifth District Court.-King, J.
The plaintiff alleged that he was creditor of the
late Felix Connolly, and that his succession or a.
part thereof was in the hands of Bridget and Sarah
Connolly who claimed it as their own-that Sarah
had obtained a Judgment against Bridget, and had
caused part of said property to be advertised for
sale to the prejudice of plaintiff s right. He OBJ
tanned an injunction to stop the sale, and defendant
took rule, for plaintiff to show cause why the in
ha that
the affidavit was insufficient. The District Court
made the rule absolute and Judson appealed. The
affidavit was in these words:
Mills Judson being duly sworn, deposes that facts
stated in the foregoing petition are true to the best
tof his knowledge and BELIEF This Court thought
the District Judge did not in his judgment. The
word "he'' should have been in the place of the
word "Mat.' The judgment of the Court below
was therefore affirmed with costs.
Ward, Jonas y Co., appels., VS.. Wdrfeld y Co.
Appeal from the Fourth District Court-Slidell, }.
The plaintiffs cotton factors in New Orleans,
and the defendants are owners of a plantation III
Mississippi which appears to have been under the
superintendent of one r.. B. Warfield. Carneai,
one of the defendants, resides in Cincinnati; The
style of the planting partnership was warned q 20
for a loss on cotton shipped to Liverpool. The cot
ton was originally shipped by the defendants to the
plaintiffs, with whom they We're In account, Tor
sale. Instead of selling 1t IN New Orleans, they
obtained an advance upon it from the New Orleans
agent of that house, for the full market value in
New Orleans at that time, the nett proceeds of
which advance, after deducting shipping charges,
commissions, etc, passed to the credit OF the
defendants. Plaintiffs wrote to both Warfield and
Carneal, stating the fact of shipment, and offered
to paw over to them the valuation placed the cot
ton by their broker if they wished it. Carneal ac-
ceped plaintiff g proposition In note to them, ana
some days after that another note was written TO
plaintiffs by Thos. B. Warfeld, also accepting the
valuation of the plaintiff s broker.
The reasoning of this Court in the case is too Ella
borate for full report The plaintiffs however OBJ
tanned a Judgment against both Carneal and War
field and this Court, after a careful examination
of the evidence and the law on the various points,
ordered that the judgment against Warfied should
be affirmed and that the judgment against Carneai
be reversed and that the plaintiffs recover from MN
the sum of Sl3l2 g. 100 with interest from 2yth Oh
September 1896 until paid, with costs in the lower I'VE
Court, and it further decreed, that the oeieiu-