New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-11-17

| CoLp wEArHER.-The Catskil mountains were quite
covered with Saturday the 10th inst which was
| plainly visible from Catskill NY.
Ice formed quarter of inch thick at Albany on the
| 9th inst.
Local Intelligence.
Nep Orleans Canal and Banking Company appeees vs. "A
Schroeder f. Co appellants Appeal from tine Fourth Dis
trict Court of New Orleans Dunbar j. delivered the
opinion of the Court.
This is appeal from judgment Diminishing rule to
set aside arrest The plaintiff in the rule contends
that is not alleged in the affidavit his arrest that be
| :" had absconded from his residence'
The act of the Legislature which the rule aside
Is founded approved March a. 1S47 is follows That
no citizen Of another State shall hereafter be arrested in
this State at the suit Of resident nonresident
ltor except in where it shall be appear by
the oath Of the CREDITOR that the debtor has abconded
from his residence
The defendant resides Hayre in France The words
OF the statute no citizen of another State must be
derstood to refer to citizens of other Staes United
States If the Legislature had intended to include in this
provision of the act the citizens foreign State or Gov
| eminent. it would have said SO in positive terms
The defendant not being az citizen of another Stae
INC United states the act Of March 49, s47 does not apply
make oath that the Defendant had absconded from his
dence
aside the arrest, affirmed
Robert A. Grnnan appellee Baton Rouge Mills Comma
ny and Eiah Peae appeNants.-Appea from the Fourth
opinion of the court
The question in this case is the liability of Elijah peale
to pay the bills sued on partner in the Baton Rouge
Mills Company, an incorporated institution. The
pany was domcilated in Baton Rouge and had office
and agency in Neworleans Its members including Peale
pany was accomplished in NewOreans by of bills
drawn by its agent upon McMan of New0rleans of
ii this ary ang payT
withdrawal Of Peale He Withdrew in the latter part of
October 1850 The bills sued bear date in the follow
ing December McMain had them negotiated through
broker to the plaintiff in December and January. The
plaintiff had previously in the year, discounted
upon the application Of the same broker similar bin,
before doing So was Informed by the broker that
Peale was member of the company Pcales name gave
credit to the company The only notice of Peales with
Rouge Gazette. Of the 18th December 1850 No actual
Notice Of bis withdrawal brought home the notice
in favor Of plaintiff, aaa Peaie asks its reversal
The case turns solely the succncy the notice of
5he x,shdwai Ct psale published in the Baton Rouge
the Neworeans public it should have been published in
The general rule is that rs to those who have had no
dealings with firm prior to its dissolution notice by ad
vertisement in newspaper of the place where the
ness is carried will be sufficient But here although
the factory Of the firm in Baton Rouge and an i'm
portion Ct ia business conducted there yet
was carried on in New0reans where its partners
ded, and where the membership of Peale whose credit
seems TO have been the most conspicuous well known
agency above stated The NewOreans public should not
be held as construcvey warned of Peaes retirement by
the publication in journal with ordinary village
cuation The defendant must be supposed fully
of the credit which his gave the company for rails
ing money in NewOreans, and he should have given pub
hcity to his retirement Judgment affirmed.
Puris, Wood Co, appellants vs. .4re,p Breed oppelee
Appeal from the Fourth District Court of Neworleans
Sdel j. Held that depostary not retain in COM
pensation OF debt due him by the deposor the amount
deposited with him he seize upon the sum demos
tied while it is being conveyed by the hands of third
party to the depostor in payment of debt due during
the existence OF the trust embraced in the deposit
Lapeae g. Ft1rs appellees vs. su,, Mutual Insurance Com
pany q Ne,O Pork appeans from the Fifth Dis
s aSao court Of Eusts Suit to
schooner VIM c. Preston and insured voyage from
Neworeans to Brazos in Texas The defence is that the
was not scaworhy and that she devaed from her
course There judgment for the plaintiffs and the
defendants have appealed.
The schooner left the port of by the Bayou
st. john on the "a Of August and the put the
Bay St Louis to obtain water Before leaving the Bayou
john her Captain left her and went to Bay St Louis
nc returned and got on board Of her at Rgolets and
putnto the bay After taking in water she
made sail and three days after burned Having an
invoice of powder board, she was abandoned and
shortly after exploded. Her cargo was total loss
The want of water caused by the negligence of one
OF the sailors in leaving open the cock of of the
and the court of opinion that want
OF water established such condition necessity as to
authorize the deviation at the Bay St. Louis in order to
obtain it, -
The fact that gun powder was slowed with the cargo
was established by the invoice there exception
to 1t In the policy There therefore nothing in the
ground that the risk unduy enhanced by the fact
that the powder was on board
1t was admitted that the vessel rendered unsea.
worthy by the fact that her Captain left her but her
reestabshed by his return The
Of unseaworthiness having ceased the effect ceased Had
inc accident happened while the Captain absent the
polcy would nave been Yitiated. Judgment affirmed
FIRST DISTRICT CoURT-Juage Larue-TuE
GREAT GOLD Dusr SwrNDLE-IHe State vs. W. B Renne,
hdh' trenhH and Marks. indictment for larceny
ms case which has caused much excitement was
| determined at late hour on Monday night The eyi.
dence was given in edition of yesterday
Inc prosecution was closed by A. P Field ESQ and to
ms argument is the public indebted the
dict hat has delivered justice the actors in this
yiainols transaction This the first instance since
Judge Larue has been in Office in which he has
Counsel to assist the District Attorney in
before his court The jury retired about five minutes
and brought in verdict of GurY against all the parties
There viii probably be an appeal taken In tho "a bn
no bills Of exception were taken the onv eff Eject of th
appeal will be to admit the parties to BAIL and thus rob
Justice Of its victims The supreme Court has hereto
fore ruled that parties may be admitted bail pendng
an appeal after conviction, but there is telling how
long this may be law, Judge (Mr Dunbar has
TO- The probability and reasonable hope is, that under
this last organization OF the Supreme Court this UMPIRE
cedened decision may be reversed and that hereafter
wealthy villains may not be enabled to purchase immu-
nifty from their crimes by giving bail and leaving the
State One thing certanparties convicted before the
First District Court will not get bail there,
- Grobb, indicted for larceny, in stealing
watch and $500 from vacant estate was tried in this
court yesterday and found guilty
There were several convictions for assault and battery
and for minor offences
City CoUNcIL-Board of Aldermen Tues
day Noc. ia message received from the Mayor,
enclosing communication from the City Attorney to A.
Mazureau City Notary expressing his dsapprova of the
contract with Philip Kaiser for tho paving of certain
street The communication referred to the Commit
tee on Streets and Landings Another communication
from the relative to improvements on certain
wharves was referred to the committee with power
to act.
memorial received from the Consolidated Asso
citation or House Keepers complaining of exces
siye taxation and of the fact that many
tan without license The memoralists ask the reduc
ton OF the license tax, and that the tax be enforced
against all keepers of tipping houses alike The
RAJ was referred to the Committee on Finance.
communication from Thomas Hynes, asking an ex-
tension time for completing his paving St.
Louis street, was received and his request granted
resolution offered giving the right the Lafay-
cite and Pontcharrain Railroad Company to lay track
along jackson street adopted
message received from the Assistant Board ask
ing sne action of this Board certain ordinances aud
resolutions not finally disposed Of The communication
was warmly commented The matters to were
as puere and foolish disposed of by being
laid on the table indefinitely
hsroRrs OF CoMMIrrgEs-The Finance Committee to
bnV, rofa