The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-03

suIeDce company project IL from the c0d5e-
quences OF the fraud perpetrated by the Citizens
Insurance Company?
have nc doubt as to the honesty Of the honor.
able president of the Louisiana State Mutual
Insurance Company. He acted with the utmost
good faith as the evidence abundantly shows.
BE was not aware Of the embarrassment which
existed at the time In the administration OF the
affairs Of the Citizens Musual Insurance Company,
and which finally provoked the forfeiture of the
charter OF that company.
The really guilty parties were the officers of
the Citzens' Insurance Company, who had full
knowledge Of the unjust preference they were
giving to the Louisiana State Insurance Company
over all the other creditors. They knew that
they could not meet their liabilities and were
bound ultimately to proceed with the liquidation
of their affairs. The only thing which may be
raid in defense Of their conduct ID that they were
endeavoring by desperate efforts to escape from
their inevitable shipwreck.
Neither the president nor the secretary Of that
unfortunate corporation had any authority at the
time 20 transfer the shares and stock. The sale
and transfer are absolute nullites, void db iaitiO
for want Of the proper authorization to dispose
of the same.
Nor can the court listen to ths proposition that
the sale and the transfer were two days after
hurriedly ratified by nominal quorum of five di.
rectors, including the president of the company.
The ratification by q majority OF the directors
themselves would not have been binding Ia law, IS
the minutes of the board show that of the very sit
ting that this ratification was acted upon, meet
ing OF the cOrpotators called for the purpose of
examining into the affairs of the company. The
situation Of the company was before their eyes,
they knew IT, they wonld therefore have been
wrong 10 confirming sale which was fraud per
petrated TO the prejudice OF the other cred
itoTs. II would have been q breach of trust.
The good faith Of the Louisiana State Insur-
ance Company Is nevertheless established. 1t
cannot il is true, be sufficient ground for de-
priving the other creditors Of their just and
legitimate pro rata in the assets which have
krn Atr.1rw a. L. In(.w
that good faith entities that corporation to a res
tuition Of the six thousand dollars which it has
paid cash in the aforesaid transaction, and for the
remaining seven thousand five hundred and
ninety-one dollars. it must be placed on an equal
ssi1 at PIuU5.-
But in order that this amount be refunded to the
defendant, and that the balance Of the proceeds
of the sale be divided pro rata among all the
creditors, it is absolutely necessary that the
properly In controversy be returned 20 the liQui-
dstor Of the Citizens Mutual Insurance Com.
psny, and by him sold TO effect that decision.
For these reasons 1t is ordered, adjudged and
decreed:
l. That the act executed before E. G. Colts.
chalk notary public in this city, on the 18th
September, 1867, and purporting to be q sale
made by .. Gaillsrd, as president OF the Citzens'
Mutual Insurance Company of the six undivided
ffty-eighths parts Of the portion of the lands
known as the New Orleans Opera House, be de-
clared an absolute nullity and void a5 initio.
2. That the transfer made on the 18th Septem.
ber, 1867, by II. Castarede as secretary of the
said Citizens Mutual Insurance Company to the
said Louisiana Mutual Insurance Company Of four
shares Of the Valette Dry Dock Company, be
also declared an absolute nullity, and void db
initio.
g. That the Citizens Mutual Insurance Com.
psny in liquidation be recognized as being still
the legitimate owner of the aforesaid property
and stock, and, as such, placed in due possession
thereof.
mi. Al. rN.n.-
Insurance Company be ordered to sell the same
forthwith. at public auction, after five days notice
in tWc newspapers, and, out of the proceeds
thereof TO refund the sum of six thousand dollars
TO the Louisiana State Mutual Insurance Com.
pany.
s. That the louisiana State Mutual Insurance
Company be recognized as an ordinary creditor of
said Citizens Mutual Insurance Company for the
sum of 1880.
6. And that the Louisiana State Mutual Insu.
rance Company pay costs of this suit.
FIFTH DISTRICT CoURT.-Henry Weber of this
city, has, through his attorney, r. King Cutler,
instituted suit before Judge beaumont, against
DR.. Avila, the coroner below Canal street, and his
deputy, DIR. EspinOs for SIS 900 with interest for
this: That said Avila and said Espnols, in their
official capacities, and individually, as yeomen.
did, on the 10Th February" etc., take from the
pockets of one Louis Nets, deceased, "twenty-
one dollars IN lawful money of the United States,
without any legal right so to do. That said de-
lCuuhhts W GIL hucH al tlUl6 salQ money was Dy
them taken from the dead man, that said deceased
had left large amount Of property, and that said
deed was on and in his own premises, surrounded
by bis two adult sons, and adult daughter and his
surviving and mourning widow, and that the TAX
ing Of said money by defendants was objected TO
by this petitioner as the friend and brotherinlaw
of said deceased and also objected TO by the then
mourning widow and the lamenting children of
deceased: but such was the avariciousness Of de-
PENDANTS that they wfully, wickedly knowingly
and maliciously took said money, against all re-
monstrsnces, contrary to all law and Justice, and
rules of propriety and common decency."
That the sons OF deceased applied to defendants
for said money, but their demsnd was rejected.
That upon this petitioner informed defendants that
he should take legal steps to obtain the amount;
that then, there and thereupon, and without the
slightest pr0vecation or cause in law or fact said
defendants ordered petitioner out Of their Office,
end while petitioner was endeaVori0g to step out
Of the Office he was violently, cruelty and outrs-
geously assaulted, taken hold Of, led partly and
pushed partly, by said violence was speedily and
abruptly thrust and hurled out Of said Office, on
to the baDquette and across said sidewalk to the
gutter, and was then and there violently assaulted
abused and injured in body, felled upon the stone
pavement, displeciDg his hat, disarrsnging shis
clothing and greatly injuring his body" That
defendants also drew revolver and threatened
10 shoot petitioner, raised great outcry, holding
him by his arms, and Thereby exposed petitioner
to the public gaze and ridicule of large number
of persons" Further, "that defendants had pc.
ttioner arrested and forciby taken; before Re-
cOrder Gsstinel and tried" ETC., etc. Whereupon
prays for judgment and costs.