The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-04-08
s,,preme Court of Louisiana.
AorpAv Anil q 1871 Presepf--dH the Judges.

contrary
2. o. o. A. Wetn,ore vs. Dafn ct al. =. Suit on |
a promissory note of ]. & J. t. Dafhn, a CONNER |
cial firm in Florida. The plaintiff alleges he ob-
tanned Judgment in Florida against said firm, after
its dissolution, which is alleged to be binding
agans, j. Dallin, he alone being served with pro-
cess, but J. T. Daffin being temporarily here, at
tachment is prayed against him. A general denial
was pleaded. Heldy that plaintiffs We're bound to
show the invadity of the judgment as to defend
ant, j. r. Daffin, which they have failed to do.
Judgment reversed, and judgment given for de-
PENDANT
8. Rosr, J.. .Dobard ct al. VS.. Nunes. :. This
is Islander suit, for sanderous words spoken that
the families of Martin and Lefraux are colored
people, The defendant admits the words charged
were uttered by him. but were founded on probable
cause Plea of justification. There was verdict
and Judgment contradictory evidence, for $780,
The Court say the damages are excessive, but the
Judgment cannot be reversed, but should be
amended. Judgment amended accordingly, and
given for $50.
4. SLIDELL, J. j. Uzeredu vs.. Mgnoiet
Burthe ct al, Interuenors. Suit to recover back
the third instalment paid on building contract
the defendant having failed to perform the work.
The defence charged fraud on the plaintiffs, and
set up several grounds of defence. The court below
came to the conclusion the payment was made pre-
maturely Workmen employed under the building
contract were employed as witnesses TO prove the
anticipated payment null and void so as to bring it
into the general fund, from which all of them are
to be paid They were clearly interested and in
competent. Judgment reversed, and case remanded
for new trial.
n. d. T.
For the assigned by the District Judge, the
Judgment of the court below affirmed with costs.
6. PRESTON, j.. Cable VS.. Leeds y Co...
Suit for damages for detention of plaintiffs boat
for want OF new crank, not furnished in time,
according to agreement. A crank was furnished,
but was too long. and before proper one was de-
livered, the boat was detained several days, and
lost one trip to St. Louis Judgment for SS3,
which is affirmed.
7. Babin VS.. Nolan. This case involved many
and intricate claims, accounts and items of prop
erty 1t had been nine times before the Court
There was judgment below in favor of the plain
tiff for $l4 1908, and interest. This judgment is
affirmed for the principal, and the interest dis
allowed.
s. State Of Louisiana vs.. Stouderman. .Defen-
dant is indicted for assault, with intent to COM
nit murder, and was convicted of an assault, with
intent to kill Held, that the conviction was
proper, and judgment affirmed. This case lays
down important directions TO police officers in
resting persons for crimes.
g. Burrows VS.. LIE Page Pierce, ct al. ID. Suit for
house and lot, and eviction of the purchaser who
claimed damages, or an indemnity from his vendor
in warranty. There was Judgment for the plain
tiff for the property claimed and the defendant had
judgment over against his warrantor for the price
he gave for the lot. He claimed the increased
value, or the worth of the property at the time Of
eviction, and appealed.
PRESTON, j., delivered very long opinion,
adopting the common law principle of refunding
simply the price the vendee had paid.
SLIDELL, j., read separate opinion. concurring
with Justice Preston, affirming the judgment of
the District Court.
EusrIs, Oh. j., read separate opinion coming
to the conclusion that the Judgment in this case be
affirmed, but for different reasons.
RosT, j., dissented, and argued in favor of the
civil law principle, that the demand in warranty,
in case of eviction, should not exceed double the
price originally paid, Notwithstanding the enhanced
value of the property evcted was fourfold He
was for reversing the judgment, etc.
NAvAL-The extensive government contracts
for iron, to be prepared in better manner than
ever before required, and delivered at the WASH
ington navy yard, have been assigned to Gardner
81 Co, Boston, whose proposals at the low
price of three cents per pound.
Orders have been received at the Gosport navy
ward to fit out the soop- Plymouth, with all
possible dispatch. Her destination is supposed to
be the East Indies
The Portsmouth Argus Of the 2Sth says:
The United States sloop-of war John Adams,
Commander Barron, has for three weeks been ly
ing in the stream waiting for her purser. We learn
that Purser Belknap, who has been recently ap.
pointed, will be ordered to her rs soon as he shall
have taken the preliminary steps before entering
upon the duties of his Office.
The steamer Susquehanna, flag ship of Commo
dore Aulick destined for the East Indies, has her
engines completed, and will shortly be ready for
her crew.
The sIoop. of war Jamestown, Capt. Samuel w.
Downing, destined for Brazil, Is fully equipped
and only awaiting crew to sail.
The frigate Columbia, now in the dry dock, has
been thoroughly repaired and will soon be hauled
out, when the iron steamer Allegheny will be taken
in for alterations from Hunters submerged to the
| ordinary side wheels. .
There are at present about 900 workmen en-
| ployed at the GOsport navy yard.
| Commodore Skinner, Chiefof the Bureau of Con-
struction, visited the navy yard during the day,
| and it is understood he is directing arrangements
| for the accommodation OF Hon. r. G. Schenck,
| Minister 10 Brazil, and for the Charge 10 Buenos
| Ayres, who are to take passage in the steamer
| Susquehanna.
The RIvERs.--Nhe Natchez Courier of the 4tl