The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-11-18
Supreme Court Decisions.

| =. Monday. November H.
Henry n. Morton vs.. s. b. Day.. .JUDsr supxLL.-
This case IS brought by appeal from the Fourth District
Court of New Orleans - ,'. -''''''s'
The plaintiff merchant of New Orleans seeks To make
DESCENDANT who ID of the steamboat Chslmetts
liable for msrchsndhs TO said boat 1t vasous tes
was given in the Court below for defendant and
| plaintiff sppeasd.
The account - plaintiff Is books In the name Of
the goods suet for furnished the captain upon bis
that they for the OF the boat but the
clearly shows it, face that they could not have
been required and many Of the packages marked with
the address Of merchants in Tennsmss and il probable
that the goods purchased by the captain on oss, for
the Purpose Of getting freight The turns upon the
question Of the captains authority to bind his owners and
the Court readily with the District Judge in the opin
ion that the defendant il not iabls.
The Court held that the master il the general agent of
the owners He clothed with various incidental powers
resulting from his official capacity, but these, in the MAN,
are restricted to such belong the usual employment of
the vessel There no evidence Of special authority ,uob
as required for extraordinary Transaction like this Sec
General Interest Insurance Company %. Rusgles IL.
Wheaton, 42 Pope %. Niekerson Story 1856. Kent
100. -
Wm II. Ellis Va. Fisher, Burgess &. Co.. PRESTON
justices This by appeal by defendant. from
Judgment of the Fourth Distinct Court
In January, 1850 plaintiff recovered Judgment sgain,
defendants for 1924 81. with costs They appealed, with
Caleb Stone their security, and the Judgment was con-
rmed Previously to the issue of judgment plaintiff pur
poaio have transferred the judgment R. w. Milbank
isfed, they took rule Stone chow cause why ude
meni should rot be rendered against him. Stone with
Fisher Burgess Co., alleged that judgment had been ex
ingpished by compensation. They showed that F. B.
Co. had obtained judgment against firm of which Ellis
plaintiff this suit was member for $459. with interest at
cent Stone pleads therefrom that nothing s due by
s e h s &c Ss
aw TO make the showing The plea set aside By the
The judgment of the lower reversed and the rule
against Caleb Stone. surety the mail bond, ia dismissed
with costs in both courts.
Thomas j. Pe~niston VS.. ". Il. Wnev...PHrsror
Justice. Appeal from the Third District Cour-Judgment
affirmed with costs in both courts.
T. d E. Bonham vs.. Ocerton. Chism T. Co. -. .SLI.
DELL, Justice. Appeal from Fourth District Court
JudRm reveged and plaintiff from defendants
sl3e3 ", with interest from 10th Dec 1850, until paid with
costs in both courts
JOhn C. Stevenson ". C. Lee and j. l.. Lepis.
SHERIFF PRESTON. Justice. Appeal from Fifth District
Court Judgment dssoving the Injunction an giving costs
affirmed with costs.
.andreU .NatehtreI Prague 4 Sherman, Appeal
from Fourth DhtIict Court. Judgment affirmed with cost,
Jacob SMITH vs.. Mary TAYLOR aud Others. PREsros
Justice from Seventeenth District Cont of addo
Judgment affirmed with costs.
lanes CEnas VI. George Gallagher. Appeal from
Fourth District Court. .Rosr, Justice. dement re-
vssed and ordered that plaintiff from defendant
s4s 5O with interest from April LIST, 1885, and costs in both
Courts.
Sparks ct al vs. Steamer Saadin ct als.Appeal from
Second District Court .SLIDELL, Justice Judgment af
imed with coats.
EdUin w. Rodd M. S. TORI and Patrick Gerorthv.
Appeal from Fin District Court. Rosr Justice Jude.
ment affirmed with costs.
John c. Huey Frierson d. Fopler. Appeal from
Fourth District Court .SLIDKLL. Justice Judgment re-
duced from slO5 Is $50 5 thus amended confirmed
c. X. Kennedy VS.. John Watson. .SLIDELL, Justice
Appeal from Third District Court. Judgment affirmed with
costs.
Edpard and Henry Fldgg j. ID. Beiu and H. d.
Riehar dson, Curator from Second District
Court. EUsTIs, Chief Justice. gment affirmed with
costs. e"
Leuts Bond VS.. s. ". Frost and Onners of Steamboat
Coneordia. ppea from fifth District Court SL1prL1
Judgment reversed and remanded for new
trial. plaintiff to pay costs of appeal