The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-03-08

series OF glorious pictures, to cheer the heart and
delight the eye. But count most of all upon the
race of men who will mainly people and govern
the conntry-that Anglo Saxon race, which, trans
planted to the free soil of America, has acquired
new force, new impulses, new enterprise that
Anglo Saxon race, which seems destined 10 possess
the whole of the North American Continent which
is adapted to the wants of civilized man.
Supreme Court of louisiana.
Condensed Decisions-NEw ORLEANS, March 5, 1919
writ OF TERI tactGs, pending appeal from the Crcn
Count to the United 5 ates Supreme Court, which did
not operate supcrseaeds. the Bank will not be LA
Bile to the party whose e is thus divested, for permit
on lis books Whaever effect the want Of appraement
may have on sale OF NOV able property under execution
between the parties 10 The SALE yet third cannot
consider sale of movables null on that account.
JAMES CHAPMAN, ASSIGNEE, as THE New ORLEANS
GAS LIGHT COMPANY and JAMES Gu .PMAN ASSIGNEE.
THE NEW ORLEANS AND CARRoLLToN RAILROAD
COMPANY ..dppeal from the Third District Court of
.New Orleans. .KENNEDY. j. No $50 in the Supreme
Court .EUsTIs, C. J.. Per curam On the 4th of May
l84l suit instituted in the late Commercial Court of
New Orleans, by Jas w. Zacharie & Co. against Francis
c. Black which certain shares of the stock of the Gas
Light and Banking Company and the Caoon RAILROAD
Banking Company attached Black appeared in the
suit and his application it was removed from the Com
mercia Court to the Circuit Court of the United States for
this district Black pleaded thai prior the attachment he
had assigned The stocks attached by deed of trust for the
benefit of all his creditors to Jas. H. Chapman of South
Carolina. who the plaintiff in the present suit After the
removal of the suit of attachment Chapman filed petition
OF intervention and became party to It, in order TO protect
the interests secured under the deed Of trust The plea of
io e lee % e Gec Of Efn wa. 10 release Inc
ruled by the Court on the 18th January 1912 and in March
Co against Black for the OF sS000 and judgement
rendered on accordingly;
Supreme Court of the United States but gave bond for
costs only ChaPman's petition was dismissed by the same
lowed supersedeas but the Judge afterwards escinded
that part OF his order which effect to the writ of
snDersedeas on the ground OF the nsuftclency OF the
The supreme Court of the United States reversed the
judgement ofthe Circuit Court and remanded the case with
directions to award GENRE Jactas de on the ground
sufficient debt established by the evidence to maintain the
attachment, and also in directing the jury that the delivery
te5sd The books of the banks The reported
D t III II and Hp was Sasde ed s zscbs
took out on the against Black and the
so S qnfs M I s a%s
al ne re a ct 100 shares Dder Of
Stock and James w zaehsre Co Of the 600 shares Of the
Carroton Bank stocka these stocks having been attached
IN the suit and in the petition OF Intervention OF the
The present suits, witch have been consolidated and
banks, under the assignment from Black aledged have
been made previous to the attachment suit for the purpose
OF compelling the transfer and delivery of the stocks thus
attached and Sold or on default thereof for the recovery OF
'f hs M s a The aha s under these pro-
ceedngs defence the action and call purchasers
fnd the nt and All ueb innement against them rs NAV
warranty pleaded the general ISSUE with averment that
they not bound indemnify the defendants The Dis
tct Court rendered judgement in favor of the defendants
On the 22d March, 1Sl7 the of Zachare Co. Us.
Black having been renlanded to the Circuit Court Judge
rendered in favor OF the defendant well as the
Inerveno against the Plaintiff and these suits were instituted
The District Judge decided the case on the effect gave
to the judgement othe Circuit Court which was afterwards
that, by that judgement the right of Zacharie Co. to
attach The stocks standing in Blacks the books OF
the banks and Chapmans title to them under The assign
men, directly adudcated that # that Judge
M sd bssa so a % an5 the .
that respect there difference between the consequence
of no appeal having been taken and one having been TAX
which did supersedeas the case
1t appears to us that the only question TO be examined un
the responsibility of the latter for their acts stated
IN the petition They refused TO deliver and transfer to the
pain the stock TO him by Black the grounds
that they attached. and afterwards sold uncer
ecuon the validity of these grounds therefore be
mined that the stocks liable the attachment of
Zachane Co. but passed by the assignment to the plain
ttf in this suitnO however with respect the legal e,
but the equitable title which became thereby vested in the
banks they had notice The eof and that the
tachng creditors in this had notice previous TO the su
livery refusal of transfer the books of the banks pre-
vons 10 the service OF the attachment, which made
plying itself alone The Carolon Bank held the stock
IN pledge for stock note of Black and until that note
refusal Of the Gas Bank 10 transfer the stock given in the
e rs easf R o. dafe V a, hp me powe o,
favor OF the cashier but he not considering 1t sufficiently
in oniormy with the corrections he suggested At ali
events he refused to act the OF Black transfer
ring the stock and gave immediate notice his refusal
the crescent plant f He was not bound 10 accept the man
date and responsibility attach the bank for his
fusa to act under it M do find act amounting 10
default the part of the Gas Bank in refusing transfer
and deliver the stock to the pantiup to The time of the
sufficient tor IT'S ndevey and refusal to transfer
indeed i seems from the view the saPreme Court of the
transfer OF the the ok of the banks pecues
them and not the apparan title on the books hc con
sttues the ownership The does not appear have
delay the of the banks in relation the transfer and
delivery the effect Of Their acs touching the sale under es
ground OF responsibility the doings OF each ale similar and
Circuit Court of the United States and that Chapman the
plaintiff IN this SUIT, was party by his intervention. The
petition OF intervention set the ownership OF the stocks
and avered that they wTongfuy levied upon by the
and the petitioner decreed to be he thereof under the
assignment from Black etc The Circuit Court decreed hat
against The defendant Francis C. Black for the sum Of
$4,000 with costs Of suit and that the petition Of nierven
ton and Banks attached this be dismissed his
costs On this judgement teri taeias issued and the
books of the Banks
1t urged by the counsel for the plaintiff that this ndge
men decIeed privilege the stocks attached This
true but Black having aapeaed IN the CIRCUIT Court the
judgement g1nt him personal and feyi faciaS was
lawfully issued on il. The clam of Chapman having been
determ ned favor OF the attaching creditors the stocks
necessarily subject to be seized Blacks property and
sold SUCH unless the execution stayed The action OF
the Banks to be cOnled TO their PERMISSION oil the
marshal transfer the stocks to he several purchasers on
their books The subsequent reversal of the judgement OF
the Circuit Cour does affect their responsibility which
he confined this Under the circumstances
we do not see how the banks could have acted otherwise
True they had notice OF the antagonist claims OF Chap
man but these claims bad been adjudicated upon and he
had suffered execution to issue. when he could have
stayed by giving security He thought proper do
hut leave the OF the its result Wee not
think the defendants bound impede arrest it, and
in authorizing the public officer to do his duty carrying
into effect Judicial sale by having the OF their transfer
book the purpose of vestng the legal title in the
chaSers of the stocks think they justified They
not bound TO the responsibility towards the pnr
chasers of retardng or defeating their purchase
But III cantended by counsel that the sale under execu
ton nuly consequence of there having been ap
piaemen made of the stocks and the OF Phelps
Rehtor Robinson, 53, and Stockton Scarborough
Ann ua r. referred 10 in support OF that opinion That
apprasemen of movable property was necessary to the Va
ldY sale under execution hrst determined IN the
case Phelps Rightor in 1916. 1t admitted by coun
sci that until this decision, sher did not consider nece
hla md ueyer