New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-30
THE COURTS.
Eixhth District Court.

j. Strauss VS.. Southern Bank.-In this case
it is alleged that in April last plaintiff pur-
chased from G.. NJ. Wickliffe some bogus
State warrants for some $4,000, most of
which he paid in cash, and gave a certified
check on the Southern Bank for the balance
of $4,000. The warrants were discovered
to be forgeries, and Straus stopped the pay
ment of the check. He offered to give the
bank security against the appearance of the
check, but the cashier refused to balance
his bank account, and charged him with the
$4,000. He now asks a mandamus order
ing the bank to give him credit for the
amount.
Seventh District Court.
Richard Baker, Jr., ct ais. vs.. Lehman,
Goodchaux & Coin this case the petition
ers, owners of the steamship Sherman,
make the following allegations:
That said steamship is a common carrier
York. That ON the sixteenth OF May 1863,
said steamship left the port of New York,
laden with a cargo of merchandise and
bound for the port Of New Orleans, being
then tight, staunch, well manned and
equipped. On the eighteenth Of the month
the ship became disabled by an accident to
her machinery, when about twenty miles
distant from Cape Lookout-it bearing at
the time northwest-in consequence of the
breaking of the middle shaft, and was taken
in tow by the steamer James A. Gary, and
Law their course for New York. In conse-
auence of heavy weather afterward they
steered for Charleston, when the hawser
broke, and the Gary did not again take hold
Of the Sherman.
Subsequently she was towed into Charles
ton by the steamship Maryland, and the
necessary repairs to her machinery were
there made: that by reason thereof sundry
expenses and charges were incurred, and
various sacrifices arose, which are the sub
ject OF general average and were made
for the safety of the ship and cargo, and
were absolutely necessary for the benefit Of
the owners and cOnsignees.
In consideration of the premises, defend
ants, being eOnsignees of certain merchandise
on said vessel, valued at s327O, did, with all
the other consignces of the cargo, and in
consideration OF the landing and safe de-
livery of the merchandise, promise and
agree. in writing, 10 pay. to the master OF
the steamship whatever SUN might be found
due. for their proportion Of tie expenses,
charges and sacrifices as occurred in cOnse-
uuence of the disaster 70 the steamer; such
payment to be made whenever the average
should be adjusted conformably to law and
the usages OF the port of New Orleans. The
average was adjusted. examined and ap-
proved by a Board OF Underwriters, and
the proportion thereby fOunu TO be due by
the defendants is alleged to amount to
sl36 ~. for which amount plaintiffs claim
Judgment.
Refused Admittance to the Asylum.
We mentioned in the REPUBLICAN yester-
day that the. boy. Henry Simon. who was
brought before the Sixth District Court on
a writ of habeas corpus sued out by Louis
Exnicios, who claims TO be his protector,
had been sent by Judge Cooley to the
asylum for destitute boys.
The boy was taken By Mr.. James NJ.
Cooley. Deputy Sheriff, to the asylum desig-
mated by the court. and his admission was
refused or declined b. the superintendent,
ON the ground that the application was not
made in due form, and no proof was pro-
duced showing that the boy is an orphan or
in destitute circumstances.
1t would appear to us that the record of
judgment of the court would be sufficient
evidence of the facts. The boy was brought
back to the court, and it remains to be seen
what disposition will he made of him. He
expressed himself much pleased with the
institution. and regretted that ne could not
be admitted