New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-04-22
City Intelligence.

FiRE-A fire occurred about 10 o'clock yesterday
Third street. between Live Oak and Laurel streets by
which five two-story frame houses destroyed.
SUPREME COURT OF Observation-Disclosures
DEcIsIoNs-Chares Fonda dppelee james Garinnd
al and Daniel Wearer. apeun, Appeal from Fifth Dis
trict Court of New0rleans There Judgment against
defendants in the court below. and they have appealed
Per Curiam The defendant Weaver. in giving his
broker for sale in the market the note of James Garland
endorsed by. w Kirkland authorized him to guarantee
it in his name. This not mentioned to Fonda who
purchased it, and he took it without the guarantee
to that it is too late after protest to claim the
benefit of promise which formed no part of his contract
1t is true observedby the District Judge that there
is to believe from the evidence that Weaver knew
the endorser and drawer of the note to be under protest
at the time he sold it, but they might he under protest ,citho
bring olre and there evidence of their insolyency
in the record
1t is shown the contrary. that large quantity of
movctblcs had been taken under the plaintiffs execution
as the property of one of them.
But if it proved that the parties to the note were
nolvent at the time of the the knowledge of
Weaver only action which could be sustained upon that
of facts is action for the RECESSION of the contract
and the restoration of the price paid. Civil Code 2olo
The judgment in favor Of the plaintiff is reversed and
the petition dismissed with costs in both courts
Emily ~ Turner, Ell al. appellants VS. L. H. Turner ct al
aqees Appeal from Second District Court NewOrleans
Held that the title of heirs to estate is no manner
by their indebtedness to the succession however
large may be- and the balance for against them
only be ascertained by partition made in due form
The homologaon of the account of the administrator
is binding the heirs far he is concerned but it
part of his duty had he authority to make
partition between them and the distribution indicated
by him must be received memorandum forming
part of the account he bound to render and not
covered by the judgment of homologation Judgment
affirmed.
FIFTH DISTRICT COURT-JOnathdn Potter vs.
Ne,v Orleans Canal and Banking Company and H. J. Ranney
This suit filed yesterday by the the schooner
Action who alleges that in the month of April 1851 he
repaired said schooner then lying in the New Basin to
the amount of $500 $780, and that owing the said III
j. Ranney who is the lessee of the Canal pretending that
the said schooner was lying in said New Basin in contra
venon the regulations of the said NewOreans Canal
and Banking Company, he caused said schooner to be
removed without notifying petitioner of his intention so
do and that said schooner towed down to the Lake
end where she stripped of her tackle apparel
nure blocks rigging and yaw boat that she after
wards sunk.
Petitioner further states that she was afterwards raised
and given away by Ranney to Chas Noble taken
across the Lake
For the damage and loss above set forth plaintiff claims
of defendants in soido the of $1,000. c. Roscius
counsel
Mrs Ed,pard King Edrard King, he husband Suit
for divorce "A supplemental answer filed the
18th inst by Perry s. Warfeld Attorney for defendant
setting forth that since the and demand in
venon heretofore filed he has ascertained material facts
relative the ISSUE which essential the decision
| this cause.
Defendant alleges that plaintiff has forgotten her mar
riage vows with one John Donohoe 1--WE dono who and
that they have Travelled together after the of
red persons through Chagres unto the land of New
Granada The testimony taken in the case, under com
mission is particularly rich and racy but it is by
too spicy for our columns we must conne ourselves
generalities
The disclose that the plaintiff is obuse in regal
to the individuality of her husband and of that of Johr
Donohoe and that she has preference for the latter
FIRST DISTRICT CoURT-Recorder Uinter--
Sitting Of Ycsterday-.4 Modern Xantppe-Alary Waters
"minion of the moon" and one of the most devou
worshppers at the shrine of Venus brought the
charge of being lewd and 'abandonedn The charge O
lewdness was fully made out but that of being " aban
boned.' clearly contradcted by the obsequious
entions paid her by the police in procuring her lodging
at the public expense.
Mary high state of perturbation when brough
into court and etted and foamed like Gagged tigress
Not sddons in her palmy days, by the foot-lights
Old Drury,'' could have carried it more br4vey. He
air and acting would have knocked Charlotte Cushmal
and her Meg Meriliss into cooked hat, Back ant
forth in the astonished presence ustce and oafrdo
she strutted grandy looking daggers at the inside bar
barians and tossing her eloquent in high disdan
When the officer testified to her bad conduct she told hin
truth wasn't in him. Not only this, but he
gun, and son of female canine, and grandson o
the same manner of bestial
When sentenced to the Work-house for 90 days, sh
told the Court that it might Jericho, alias Hades
any other port adapted to its tastes deserts
going out she said she would get lawyer to procure he
release, and she didn't dried apple d-nn if sh
should be sent down for 80 years! The deep, ringin
voice of Mary was heard challenging the echoes as sh
passed out through the long galleries of the City Hall
AssAuLr.-John Roberts under this charge recoe
Missed in bonds of $3.50 to keep the peace VIM Ryan,
$ like charge, was in like manner disposed Of
Rosanna Conrey for raising promiscuous and chaoti
row. and for disturbing the piece (Which happily did nc
extend to the whole Of ST. John street required
q give security for her good behavior
p Lippn, for interfering with Waterman, and threa