The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-12-15

paid over to the United States quarternaster, Id
obedience to General Order No. 2O2.
On the trial in the district court there was Juds
ment in favor of plaintiff for ss0ss! Y, win nve
per cent. interest thereon from l0th oeptempofs
1868, and costs.
Defendant has appealed.
In the investigation of this case. the first import
ant question presented is We're the transactions
between the plaintiff and defendant based upon
Confederate treasury notes!
Plaintiff has filed in this suit the account cur
rent of defendant, extending from l7th Marcns
1862, to September 18th, 1868. PLAINTIFFS Wit
Desses state that this account current Is correct,
and that 1t was sent to plaintiff by the defendans
under cover Of aletter, dated May I'd. 1865, which
is ALEC filed. There are several entries in this &C.
count of Confederate treasury notes. We haveob-
served very large debit of 100000 entered in
that account on the 18th May, 1852.
Plaintiffs action seems to be based upon that
account to recover the balance due thereon. It
Is true that the record discloses no positive proof
that defendant was instructed to collect (for) the
defendant In Confederate treasury notes, but q
careful examination Of the record satisfies us that
plsintih knew that his transactions with defendant
were on basis of Confederate notes. This large
entry OF s2OO eco in the account is explained by
the correspondence of Mr.. Rousseau the cashier
of the Citizens Sank, with Mr. May, the cashier
of the Bank of West Tennessee.
On the 10th May, 1862, Mr.. Rousseau wrote:
GAS you have in our hands lsrge amount of cur
reDcy deposits, without berg able to bring it
send you by bearer, L. f. Sinonds, ESQ.,, a ldrqe
portion Of said funds the balance may be sens
TO you IN the same manner, IL you desire 1t, on
which please instruct Us by return of Mr.. ST.
monds."
On oath Msy, 1861, Mr.. Nay, the cashier Of
Bank Of West Tennessee, replied: /" have re-
ceIved your favor of goth per Mr.. T.. E. Simouds,
together with $500 00C treasury notes placed to
credit your account. have d good many checks
ont which may pass through the lines or may be
held should ] not be able TO take them up here
have hot charged you with any of my collections
for some time do not seDd.tae the balance, our
paper, past due you: will hold, as I fear to take
the risk Of transmission"
BY this correspondence IL appears that there
could have been no misunderstanding between
the parties as TO what was ment by the expression
OF /" currency deposits" because on tae Oath May,
1867, plaintiff was in possession of the letter OF de-
fendant stating. you have in your hands a large
amount Of currency deposits we think il more
prudent, on both sides, TO send Won nv Mr.
simonds large portion Of said funds. Plaintiff
received. without objection, from Mr. Simonds the
500, 900 Confederate States treasury notes, know
ing they were large portion of said funds.n
What does the expression in plaintiffs letter.
do not send the balance" mean? 81 have re-
ceived your favor of the 20tl per Mr. l., p. ST.
monds, together with s20O,ClO treasury notes.n
" Do not send the balance" The balance eyi.
IDENTIFY meant the amount Of the treasury notes re-
naming 10 the hands Of defendant
Why did plaintiff wish defendant TO hold thu ba-
sgainst this currency deposit which might pass
through the lines.
Plaintiff bad frequently sent packages of Con.
federate States notes as well as defendants, for
collection to defendants On the LIST February.
1862, Mr. May, the cashier Of the Bank Of West
Tennessee, wrote to Mr.. Rousseau, the cashier of
the Citizens Bank :" Our pre- sident. T. o. Nelson.
Esq.,, leaves for your city tomorrow aud will be-
mere several DAYS, co ~ him send deposit Of
Against these deposits plaintiffs drew various
drafts payable In currency, when defendants be-
came uneasy and desiring TO relieve themselves
from SO much responsibility, they sent 100000
treasury notes TO plaintiffs and offered 10 send
them the balance, but plaintiffs instructed them
TO hold on to the balance TO meet some
checks that they had drawn against these funds,
which might pass the lines. On the 10th March,
1862, plaintiffs sent to defendants Tor collection
check on the Union Bank for SIS, 4i6 10. payable
in Confederate notes.
II appears that all the deposits ind collections
we're kept in the same account, and from the cor.
respondence Of plaintiffs infer that monthly
accounts had been rendered by defendants to
hem. When plaintiffs sent the coupons of Con-
tolerate bonds to defendant for collection, he
wrote: " As this interest is payable In coin, you
will so obliee me as to collect and send me coin
3y express"
From careful examination of the evidence We
Ire satisfied that the collections made by the de-
endant for the plaintiff were In Confederate
lotes, and that plaintiff was aware thereof that
,fste treasury notes.
Under the Constitution of 1868, the courts of this
State cannot entertain action based upon
In Confederate treasury notes. We
hink the evidence discloses that this case is
ounded upon dealings in an unlawful currency,
md this court has often refused to lend its aid to
reprobated by law.
Ii is therefore ordered, sdjudged and decreed
hat the Judgment of the court below be avoided
nd annulled and il is now ordered that there be
Judgment in favor OF defendants. dismissing this,
ction at plaintiffs cost in both courts.
BY ASSOCIATE JUSTICE W. @. WILEY.
No. l4ll-Chsttanooga Savings Institution vs..
)irizeps' Bank of Louisiana. Hays. Adams SS
ioise, for appellee A. Pilot. for defendant-ap-
reliant. Appeal from Fifth District Court, New
orleans.
The facts of this case are analogous to those in
be case of Bank OF West Tennessee Va. the Ciu-
ems Bank of Louisiana just decided and for the
easons therein assigned it is ordered adjudged
nd decreed that the adjudgment of the court be.
ow be avoided and snnulled, and it is now or
cred that there be judgment in favor of defend
nj. Diminishing this action at plaintiffs cost in
10Th courts.