The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-04-24
snpFsme Court. ]. AIonday, .Aprll q.

|
attaching creditor. Held, that these rents accrued
to the benefit of the person for whom the sheriff
| held the possession. F1
| 9 The State VS.. Nm. X Stiles. THE decision
in this case, in which the judgement of the Dis
rict Court was reversed, and the indictment quash-
ed, will be given S71 e1tenSo in paper of to-
| morrow
RosT,J. q. Dortigue VS.. DeGcrs, Admins
TRAITOR. This is an opposition to a tabeau. The
plaintiff had his claim allowed and the admnistra-
| tor appealed. The court say it is clearly shown
that at the time the opposition was fled the entire
| succession was not worth three hundred dollars.
| Appeal dismssed-the amount in dispute not ex-
ceedlng three hundred dollars.
a. Scott y Dunbar vs. FeotLe:stosse q Anlsss.
| Suit to enforce mortgage debt against planta-
ton and slaves in the possession and owned by the
defendants. The plaintiffs became bound as sure
! ties or endorsers on two notes of T. l.. King and
others, which were discounted in the Commercial
Bank of Natchez King sold the plantation and
| slaves to A. hlng, who assumed the debts Of his
vendors, who retained the usual mortgage, and
among the debts assumed was the one of $500 to
the Bank. The property was seized and sold under
| one mortgage older and one concurrent with that
OF the plaintiffs and l.. A. Collier bought it for
S32,5l5, and which has by another sale become
the property of the defendants. The plaintiffs paid
the debt to the Bank, and became subrogated of
right to the mortgage it held on this property by
| reason Of the assumption Of King, etc. Held, that
the plaintiffs recover the amount they had paid and
legal interest on the same, from the time said debt
| became due to the Bank. Plea of Prescription
overruled. Judgement reversed, and one given for
| the plaintiffs, and directing the mode of payment
| by sale of the property.
SLIDELL, j.. 8. AcIluatne ct al vs. Frank
hn's EEeezttor. Suit for the amount of bill of
Rope and Bagging, sold by the plaintiff to Frank
Routh, and used on plantation owned at the time
\ by Franklin " Routh. Held, that the mere joint
ownership OF plantation and slaves did not create
| a partnership. And a special agreement that no
one of the joint owners shall cultivate and pay the
other $4,000 for the Of his share in the plan
| tahon, creates no partnership; and does not bind
the other co-propretor for supplies, etc. Judge
/ ment. for defendant affirmed.
8: Barbour VS.. Bayon ct al. :. Suit against de-
endant as endorser Of check, which was presented
and protested on the day af its date, for non pay
nent. Held, that an instrument of this kind is not
entitled TO any days OF grace. 1t is payable on
Presentment. Judgement against the defendant
| affirmed.
| 7. Amass VS.. TIE Bank of Kentucky. The
question IN this case is whether Amiss was the
real owner OF certain slaves seized in execution
| against Freeman, the mere nominal owner, etc.
Held, that records, showing Freeman's insolvency,
and motives for putting his property in the name
/ OF another, were admissible in evidence The
slaves were seized in Freeman's possession and
from all the evidence it appeared he was the real
owner Judgement of the defendant affirmed
| 8. Morgan VS.. Marlborough. . This is suit
claiming 920,O0O IN damages for breach of promise
| oil marriage. Defendant admits he corresponded
with her (the plaintifD the subject of marriage
out deslsted before any reciprocal engagement was
made, because he found her such character as to
| render her unit to become the stcpmother of his
chlldren that by unchaste and unlady-like conduct
she had fallen into dlsrepute. There a verdict
| and Judgement OF $1,000, and the defendant an
pealed. The Court went into a long and learned
| examination OF the law, whether the action was
malntainable, and in conclusion" saw I" that this
IS the first time this Court under our jurisprudence,
have been called upon to ider an action of this
Kiho. II Is a tact credltable to our people, and we
| nope tnat such actions may not become freouent
| While we are bound, under our jurisprudence. and
Code to recognize the right of action we are con-
strained to say that female of refined sensibilitv
could scarcely bring herself to such suit: and
that the appeals which usually made to Jurors
| IN such cases. on the of the wounded affec-
tons OF the woman, can have but little foundation
IN truth. Such suits not unfreGuently the me re
instruments OF extortions courts and iuries should
therefore cautiously restrict relief to cases of real
| injustice" While such actions are maintainabe,
| the damages must be assessed according to those
actually sustained and not the advantages the party
may expect to obtain. Such contracts need not be
IN writing verbal promise of one, and the accept
ance by the other, may be proved by legal evidence
| and 1t will be binding. No prescribed form is re-
CURED. The character of the party claiming the
benefit of this promise must be fair. The majority
OF the Court consider this has been fairly be.
fore the jury who, by their verdict have indicated
the plaintiff character, and fixed her damages al
| $1,000. The verdict and judgement is affirmed
Rost j., dissented, the ground that the
plaintiff had not proved the contract for the breach
| of which she claims damages. When a contrae
is attempted to be proved by presumptive evidence
the question whether the facts proved established
Its existence, is not purely question of facts and
the verdict OF the jury has not the authority usu.
ally given to verdicts questions of fact The
learned Judge. then goes to comment on the
| evidence adduced, etc.
| ton and unconventional demand, which is unliqui-
dated and having connection with the plaintiff
| demand, pleaded; which was overruled. Judge
| ment for The plaintiff affirmed.
PRESTON, ]. 10. State vs. Pehdn's Executor
| The attorney of the State Treasurer took a. rule
| on the Tesiamentary Executor to require him TO
pay $500 into the Treasury, and prayed that he
might be made personally liable it being 10 per
cent; on the amount coming to the foreign heirs :
| Held, that the Executor is liable personally and
that execution issue for this sum on his failure 10
pay said sum of money into the Treasury. Judge
ment affirmed.
H. John Hall VS.. ANDREW Hodge, and JVn. l.
Hodge, and Andrew Hodge vs. John Hull ct al.
| These suits were tried together. In the first the
PIalnu1l enlolned execution against him issued by
| VIM. l.. Hodge; on a judgment in favor of A.
Hodge against him and r. and j. d. Bein in solido
| for a large sum-
In the last suit A. Hodge sues Hall and others,
| Tor the balance due on several notes. for a large
amount and interest. The court go into a long
inquiry in relation TO the accounts and claims OF
the several parties and finally reverse the Judge
ments therein, and make the following Decree :
l. The Injunction of Hall against Hodges execu-
ton is perpetuated with costs. 9 judgement given
against Hall and others for the last instalment Of
the notes endorsed by him, for dollars, and
| interest and costs in both Courts
IL. Bartlett, Tutor, &c, VS.. EStebene Sui,
ior damages sustained, by the defendants taking
| violent possession of stock of milk-cow horse
and cart and utensils for dairy, which the latter
had sold to the plaintiff Some difficulty arose
between the parties, and the defendan. seized upon
the objects he had sold. This Court concludes
/ thus: Considering the violent manner in which
the defendant dispossessed the plaintiff of his pro
perty; taking him by the collar and thrusting him
INTO the street; and considering that he entirely
broke up his business, which is proved to have beer
profitable, we do not think the damages given BY
the jury ercesstUe. Judgement of plaintiff affirmed
| -t%S-
YANKEE INGENUITY AHoY The government
of India have offered prize of 5000 rupees for ar
improved cotton-cleaning machine, Unrestricted
by any particular mechanical principle such as, in
the opinion of the government, shall have fully at
tanned the principal objects described by the society
namely, to be perfect in its action of separating
cottonwood from the seed, and possessing suci
qualities of expedition, simplicity and comparative
cheapness as to render it likely to come into prac
teal USE" Competitors are to deposit at Calcutta
II Il =