The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-12-10

MONDAY, December 9, $780,. Present, all the Judges
l. EUsTIs, Oh. J.... Egana VS.. j. L. White
We are Of opinion that the appeal has been taken
for delay, merely the judgment is, therefore,
affirmed, with ten per cent damages, to-wit the
sum of $3.50, with costs.
?. Same VS.. Same. Appeal taken for delay,
and Judgment affirmed, ten per cent. damages and
costs.
8. Dorset, ct al, vs. LamJet&, ct al, and A. r.
| g. ". C. Taglor interUenorS. The plaintiffs
claim, as heirs-at-law of the late Philip Taylor, Of
| ST. Louis, sueng for 4 legacy. This claim turns
on the dispositions Of two wills that Of Philip
| Taylor and Archibald r, Taylor, and are compll
Gated in fact. Lambeth had received the legacy,
| and gave bond, with c. A. Jacobs as surety. The
principal question relates to the effect of the bond
| for the payment OF the legacy. Where two per-
| sons bind themselves to pay a sum OF money each
is only bound for his half; but by the contract OF
suetyshp the obligation the surety is to satisfy
| the debt if the debtor does not. Such being the
legal character and effect of the contract, where the
surety is bound for q portion Of the debt only, It
| ought to be so expressed in the contract" Judg-
ment affirmed in part, and amen ded.
A. Rosr, ]. GuSpard, t. 10. C., VS.. Robertson,
f. M. &C.. Suit on a note signed by the defendant
with his ordinary mark He denied having made
such note, and that it had been altered, etc. The
case turns on questions OF fact. The evidence
proves that the note was read to the defendant be-
fore he signed, and he apPrised of the nature
of the contract. Judgment for plaintiff affirmed.
j. H0lLo1gay VS.. ZsrjUg@s... Suit OF Engineer
alledgng that defendant employed him, at certain
rates. to take of his sugar crop, and relied on de
t oaratons made to third persons, by defendant 10
. | proof. The plaintiff never entered the employ c
l. | defendant, and the evidence does not sustain HI
demand. judgment, dismissing his petition, a
n armed
Z 6. SLDELL, j.. Pana VS.. HIS CredHors..
The District Judge must have been Of opinion tina
y Gurst became the holder Of the mortgage note
: contest in good faith, and for a valuable consider
z. alton. Under the evidence we are not prepared
n reverse his Judgment. As such holder he was pre-
. perly closed as a morgaged creditor See Wllco
l. Us. Beal, Annual Rep, 407. La. Code, 26ls
rs Judgment affirmed.
IS Preston r, dSseHted. He considered the mortga:
n ard note given after the debtor was in insolve
er circumstances, and within less than three montt
vs. of actual insolvency, and that it was in fraud
III creditors, etc,
Ms Z. Succession Of Latue--Appeal Of B. +.
he from Judgment homoIogatng the adminstrato
he account Lee made no appearance, and was l
are on taLiequr lie Obtained the order OF appeal
'u- parte, on the affidavit of his attorney that he
the Hgved Lee TO be a creditor, which is denied 7
OF Court say, under the authority Of several cas-
Is they will direct the issue, whether Lee is cTed
IDS to be tried before proceeding further in the ca
EN- See Oakley as. Phillips, Martin, n. s., Iay
the Us. Jefiries Estate, 10 La. Rep 1873, 10, ldem
WIZ Judgment rendered accordingly.
SUI Chief Justice EuStis dSsented.
g. Pasqtier 6, Co. VS.. Raey.-Judgment on !
DOL sons of District Judge affirmed.
the a FyLo. va pb;1;og -Jndpment affirmed
nal, ,sasors or District Jndpe
ven IN p.i,L,,,, We Ti,Duer-Judgment affirm
II. Preston, J. Duets vs.. McAdam d Co.
,tend Suit about mere matters of fact Judgment
tbs District Court for defendant affirmed with cost
p McAdam VS.. DaVis,-JudCment turned
r to matters Of fact, and is affirmed with costs.