New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-02-28

| lease, II was to be in full force as if renewed
yearly. On the 18th of April, 1868, defendants
being indebted to plaintiff $1,000 for ten months
rent, and having paid 800, she agreed to accept
two notes for $3.50 EACH of three and five months,
from the LIST of April, 1868, in full of all claims to
18th February, 1868, and they executed likewise q
note for 81 atfvemonths to be void if the others
were paid, and it was further stipulated that
the rent for March should be paid at the
signing OF the agreement and that of the fol-
lowing months, before the sth of each month
On these conditions the plaintiff reduced the
rent to $40 per mouth STIMULATING that the failure
to comply with any part of the above agreement
vain applied for payment for April and May 1868,
fell back on her original contract and brought
suit. Defendants admit the agreement and non
payment, and say they were unable to d so, and
says that plaintiff had not offered to return their
notes. Judgment was rendered by the lower
court in conformity with the original case. The
second agreement was a conditional one, and de.
PENDANTS having failed to comply with the obi
cations, the original contract again took effect
The tender of the notes we do not think was neces
sary and as they filed in court subject to their
control, that is all that can be required. Judg
| ment affirmed. y. H. Ilsley, judge.
S. Friedlander vs.. w. L. Gushing. Appeal from
Second District Court of New Orleans. Defend
| ant has appealed from judgment condemning
him to pay s640 rent of premises from June to
November, 1862, and complains there was error in
allowing rent for the whole of October, as the
evidence shows that plaintiff consented for him to
vacate the premises, which he says are shown to
have been untenantable. Plaintiff took a bill of
exceptions to the introduction of any evidence
going to show dimnuton of the amount claimed,
on the ground that it was inadmissibe under the
general issue. This objection was well taken, but
does net apply to evidence to prove PLAINTIFF CON
sent to quit the premises. pialntlli alleged mat
objection was urged to the Introduction of evil
dence upon this point, which we think establishes
the consent. Defendant left the premises on the
18th of October. Ordered that Judgment of lower
bo nd M n
ant $3.50 and all costs in the lower court. Plaintiff
to pay cost of appeal R. X. Howell, Judge.
Joseph Bruin vs.. Davis & jackson. Appeal from
Second District Court of New Orleans. Plaintiff
December 1859, drawn by A. B. Robertson, and
accepted by defendants. The defense is that
said draft was given for the price of slave sold
by plaintiff to Robertson, and that the slave hay
Jag proved to be runaway and a thief. Robert.
son offered to return the slave and refused to put
defendants in funds, and they prayed that Robert
son be made party to the suit. The case was
submitted to a jury, who found verdict for plain
tiff Judgment was rendered accordingly, and de-
PENDANTS appeal. The evidence shows that he ran
away twice from Robertson in June, 1860, and in
October, 1860. The fact of the slave running away
more than two months after the sale did not raise
the presumption that he was in the habit
of runningsaway anterior to the sale Statute of
1886, page T. 1t is then incumbent on the defense
to show that he was runaway previous to the
sale. The only testimony on this point is the
statement of 3. F. Barrett, of Mobile, who says
ne owned the BOY Jerry ior nve years ana on one
occasion ne ran awayllrom where ne was hired,
and came to Mobile, where his wife resided, ana
was was a9sent only 1or rev DAYS; under article
250? q. g. the slave lskconsldered as being in the
hahlt OF running away When ne snail nave ao'
sented himself from MS masters house twice Tor
several days, or once TOR more than month. We
are Of opinion that defendants have failed to show
that the wee OF running away EXISTED IN the slave
before the sale. Judgment affirmed. z. La
bauve, judge.
kearney, BIO o. vs. arthur Hauche: Appeal
from second District OF New orleans , me PLAIN
MISSISSIPPI, and seized some machinery belonging