New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-26
fHE COURTS.
EiRhth District Court.

rants, duly signed and issued by the Presi-
dent Of the Board of Public Works, under
and by virtue of act No. 81 of the Legisla-
ture, approved February 25, 1870.
Auditor. and in the aggregate amount to
SllO,62 II. They were drawn in favor Of
and indorsed by Hatch, James g. Co., and
by John McGinty. RelatOr represents that
these warrants were duly executed and
issued by the President and Secretary of
the Board of Public Works, and their pay
ment was provided for by the act No. 80 of
the Legislature of 1870, which authorized
the issue of So, ,00O, 900 of bonds, the proceeds
of which, when sold, were directed to be
paid into the State treasury, and applied
exclusively to the payment of work done
under contract with the Board of Public
Works on the leyees of the State, to be
drawn from the treasury on the warrant of
of the President of the board
RehtOr further represents that by section
three of said act number thirty-two the
more effectually to carry out the provisions
of said act, the President of the Citizens
Bank of Louisiana is made Fiscal Agent of
the State, and in cOnjunctiOn with the Gov
ernor and the President of the Board of
Public Works, or q majority of them, are
authorized to sell the S3,00O,0OO of bonds,
etc.
Relator shows that a large portion of these
charged with their sale are about to deposit
in the State Treasury $3.50, 900 of the pro-
ceeds which sum was exclusively apprOpri-
ated to the payment of warrants such as
those held by the relator.
RelatOr AYERS that he is informed and be-
lieves that said funds will be improperly di-
verted from their purpose, and that the
warrants held by him will not be paid there
from. He alleges that he has presented the
warrants for payment out Of said funds, and
he is informed by the Auditor that the funds
aforesaid will be disbursed according to the
dates Of the several issues of the warrants,
and not in the order of presentation, which
relator charges is unwarranted by law and
is Illegal and unjust. He AYERS that he is
entitled to be paid the amount of these
warrants whenever they are presented, out
OF the funds specially and specifically set
apart by law for this purpose, and that the
Auditor mistakes or fails to perform his
duty in the premises.
Relator further AYERS that he will be
greatly injured and damaged by the con-
templated acts Of the Auditor, unless he is
restrained by injunction from diverting the
said funds.
ReIator asks an Injunction and manda-
mus, commanding the Auditor to do his duty
in the premises and to pay to him, out of
the proceeds of the funds appropriated for
the purpose, the total of the warrants held
by him, amounting to SlO6,627 II.
Judge EmmersOn issued the writs prayed
for, returnable on Wednesday, the seventh
of September, the relatOr giving bond in the
sum of $4,000.
State ex rel. John McGinty VS.. James
Graham, State Auditor.-In this case, which
is similar to the one above reported, the re-
lator claims the payment of warrants to
the amount of S54,575 04.
Judge EmmersOn issued an alternative
mandamus, ordering the Auditor to comply
with the REALTORS demands, or show cause
of September.
Seventh District C0urt-Suit for Damages.
NJ. J. Brennan VS. c. T. Buddeclke-In this
case plaintiff brings suit for $1,000 damages,
and for specific performance Of contract
as set forth in his petition.
Ph,intiff alleges that on or about the ninth
of July. 1870, he sold property situated on
the corner of Tchoupitoulas and Natchez
streets, to the defendant for the price of
$40. 900, of which $4,000 was to be paid in
cash on the first of August, and for the
balance defendant was TO execute his prom
issory notes, secured by mortgage on the
property sold, bearing interest at eight per
cent for equal amounts at one, two and
three years, each note being for the sum OF
$500.
Petitioner alleges that after some delay
had interviewed, during which the defend
ant pretended he wanted the title examined
by his counsel: his counsel reported that
the title was satisfactory.
Petitioner AYERS that he then called on
defendant to comply with his contract, but
he refused to do so, alleging as pretence.
that he had sustained losses in business,
and was not able to take the property.
Thereupon petitioner instructed the
notary, who had been selected by the de-
fendant himself to draw up for signature a
formal notarial act of sale: and OH the first
day of August, or thereabouts, caused the
said defendant to be notified that the act
was ready for signature. This notice hav-
ing been entirely disregarded by defendant,
the petitioner again had written notice
served upon him, to come forward and COM
ply with his contract, but the defendant re-
fused to do so.
Petitioner alleges that he has at all times
been ready and willing to comply with his
contract, and has put defendant repeatedly
in default for not complying with the con-
tract on his part Petitioner says that he
caused the said notary to draw up formal
act of sale, and that defendant was duly
put in default for not accepting it.
Petitioner alleges that by virtue of the
premises he has suffered damages in nota
rvs fees. lawyers fees, in time. cost and
trouble, to the extent of $4,000, all of which
arose from defendants refusing to comply
with his written contract, and that the price
of the property is justly due him, all OF
which the defendant refuses to pay.
Wherefore petitioner prays that. after all
due proceedings had, the defendant be con-
demned to comply with the contract, and
that there be judgment against him for ten
thousand dollars, due on the first of Au-
gust. with interest at eight per cent, and
for ali other parts OF the price as may be
due at the time of the rendition of the .iudg-
ment, and that, for the remainder OF the
price, the defendant be ordered to execute
his notes in accordance with the contract.
and that he be further condemned to pay
the sum of FIVE hundred dollars damages for
fniling and refusing to comply vita his con-
tract.
Attached to the petition is the following
note OF the contract:
NEW ORLEANS, July 9, 1870.
The undersigned this dav sold his real es-
tate property. consisting OF warehouse and
buildings fronting on Natchez and Tchoupi-
toulas streets, southwest side, surrounding
Mississippi Fire Company No. 2s building
for price and sum Of forty thousand dollars.
Terms act of sale bearing date August first
prOximo. $4,000 cash; $50, 600 in four equal
instaIlments of one, two, three and four
years, notes bearing interest at eight per
cent per annum rate, and further agrees TO
pay six months city and State taxes for the
year 1870, and transfers the purchasers vent
notes for Beebe and Russ store by them oc-
cupied, viz: Three notes of 500 each, due
on last days of August, September and DC,
tober, and to pay the rent of 500 for small
store fronting Tchoupitoulas, say for month
of August Warehouse in the rear at dis
posal Of Mr. C. T. Buddecke, purchaser
from date of act OF sale.
iSignedl M. J. Brennan.
The above terms are agreed to, the titles