New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-04
THE COURTS.
Suits for Illegal Ar-est-Damages Lai,
ut SEQ, 900.

at 100000.
Joseph Berqer Us. Albert Baldocin Same
ISL. H. Gardner.-Plaintiff has filed in the
Fifth District Court a petition, stating that
Albert Baldwin is indebted to him in the
sum of $4,000 for this That about the
thirty first Of January, 1870, the said Bald
win made affidavit before the Recorder OF
the First District, wherein he charged
plaintiff with obtaining merchandise from
the firm OF Slocomb, Baldwin & Co., by false
pretences. Plaintiff alleges that he was IN
consequence, arrested and compelled
either to go to prison or give large
security for his appearance before the
Recorder for examination on said charge,
which was postponed several times at the
request of Baldwin, and finally, on the
twenty-ffth of February was dismissed, no
prosecutor appearing. Plaintiff alleges that
in consequence of said arrest, and the pro-
ceedings and publications in the different
newspapers in New Orleans and elsewhere,
made, and authorizedto be made by defend
ant, his credit was so damaged tnat ne was
compelled to suspend business.
petition of like character, containing
substantially the same allegations, has been
filed in the sixth District Court, in which
complainant claims $4,000 of l.. Fl. Gard
ner. T. B. Bartlette, of counsel.
UaIted States District COurt-Judge Du.
reM PresidinK.
The Grand Jury empanneled in this court
reported yesterday that taey had found no
other indictments.
Fifth District Ourt.
City Of Jefferson Us. Peter Kaiser et al
In this case an injunction was yesterday
granted by Judge beaumont, restraining de-
PENDANTS from taking forcible possession of
the Magazine Stteet Railroad, extending
from Toledano street to the upper limits Of
the city. Plaintiff alleges that the road was
built under contract with Joseph Kaiser,
and sail contract having been annuled, the
road, with its cars and accOutrements, is
now the property of plaintiff. The injunc.
ton also prohibits defendants from resorting
to any other tribunal of concurrent jurisdie-
ton for the purpose of asserting their pre-.
tended rights. w. G. Hyman and G. G..
Fisk, of counsel.
Fourth District Court.
T. T. Tyru & Go. Us. Sands g. Co.,
Z. B. Miller d Co., garnisheers Judge
| Theard, yesterday, rendered decision
| in the case, substantially as follows:
The facts of this case are very simple and
| undisputed SO far as they are essential to the
| determination of the cause.
| Plaintiffs sold to defendants in two parcels.
on the thirtieth March last liz b ales of cotton
| for price amounting to SIS, l43 Il, which
| has never been paid.
| The cotton was shipped by defendants at
! Mobile to New York. consigned to Gardener
| Bacon & Co., through bill of lading in
triplicate being taken via Morgan's Line OF
| steamers. On the second of April it was
| sequestered in this cause.
| Z. F. Miller & Co., bankers at Mobile, in
| tervenel, Ginning the Cotton.
| First-3y virtue of the triDlicate of the
aforesaid bill of lading, Of which they
| had obtained possession, without in
| dorsement, on the second of April, after the
| ha Sap &
Second-For advances alleged to have
been made upon the promise of two hun
| dred bales of cotton, to accompany draft
| for S25, 600, drawn by defendants on Gard
ner, Bacon & Co., New York. The latter
did not accept or pay the draft.
The advances by intervenors TO defend
ants were made on the thirtieth and thirty
first of March, by placing S25, 900 to theil
credit on books OF intervenors, and was
drawn out by checks to pay defendants
obligations to other parties than plainu e
The defendants, though apparently il
fair credit at the time Of the sale OF th'
cotton, were, il reality, greatly embarrassed
and adopting various shifts 10 Obtain
money, and were undoubtedly insolvent
All the parties to the controversy reside il
Mobile.
Judgment in favor of plaintiffs, dismiss
ing intervenors' claim.
Seventh District Court.
| Pontchartrdin Railroad rs. Chattanooga
Railroad Plaintiff sued out an injunction
prohibiting defendants from extending thei
proposed railroad track across the"track 0
plaintiffs, and defendants yesterday filed al
answer, asking dissolution of the injunc
ton, and pleading that, by their act of in
corporation, they have a right to lay thei
rails across tie track of plaintiffs. Camp
bell, Spofford i Campbell, OF counsel.
Verde. for $4,000 Damages.
julius Brette Us. Joseph StrGuss.-In thi
case plaintiff claimed damages in the sum o
$50 900, and alleged that his office, No. st
Charles street. was entered by the police OF
the thirteenth of February, 1853, under
search warrant issued by the Recorder @
the First District, upon the affidavit of on
Newgass, clerk employed and instigate'
by the defendant. The search was made il
a public manner, with view to discoverin
certain State warrants alleged to have bee
embezzled by one Reuben, porter 70
Strauss, and left by him with Brette. Their
being no grounds for the search, the plain
tiff brought this suit for damages. The cas-
WAS commenced on Monday. before a jury
and they yesterday brought in verdict j
favor of plaintiff for $40 900. William Fl
Hunt, attorney for plaintiff, and Roselins
| for 1ofa