New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-10-26
THE COURTS.
Eighth District Court.

excepting to the capacity OF the plaintiff to
institute this suit, and the authority of DR..
Samuel Logan, as Dean OF the Faculty, to
represent the plaintiff, or TO employ counsel
for that purpose.
Defendants eXceDt also TO any and every
act of the plaintiffs, Oh the ground that
they ceased TO exist as corporation, and
bv the death or resignation OF its corpora
tors ceased to ltlve power to act long prior
TO the institution Of this suit, so that at no
time since 1866 was the said corporation
capable OF acting as corporate body.
In case this exception be Overruled, these
respondents deny all the allegations in
plaintiffs petition except the fact that the
property described was purchased by them
on the twcnty-eighth OF June. 1870. from
the Merchants Mutual Insurance Company,
for Si5 900.
Respondents deny that plaintiffs made
tender to the insurance company OF the
amount named. and they allege that the al
legged tender was inadequate and Insufficient:
they deny that the plaintiff in any manner
exercised the option of purchasing the prop
ertv within the time specified in the lease,
and therefore the insurance company had a
right TO transfer it to the respcndcnts.
RESPONDENTS aver tfat the plaintiff was
not made a party 10 the original injunction
sued out III this case. an0 that they were
not made party thereto. and were not in
legal rights. nor prevented from doing all
that was necessary TO secure their rights, if
any they had.
Joseph fernando VS.. Administrators of
the Floating Debt.-Th, is :. suit asking
nandamus to compel defendants to place
certain certificates of indebtedness, amount
ing to about $500, on the taoleaux Of the
Ioating debt OF the city.
Testimony was taken il TIE case yester-
4 Iu1u 1 Il tod -la+
the case would involve the question whether
the certificates in question were negotiable
securities.
Mr.. Hernandez ard M. Lenarie testified
that they were.
Mr.. Hernandez being shown one of the
certificates, declared that the signatures Of
The chairmen OF the Finance Committees
and the Deputy Controller Upos, said Ger
| tificates are genuine. and thai they were III
| office at the time Of signing the saUc.
The question being asked as TO whether
| this certificate of Indebtedness was known
as Il certificate of Indebtedness by the com
! lnunitv it was objected to b7 MT. Lacey,
| but after some discussion il was allowed by
| the court, the witness answering III the
affirmative, Mr.. Lacey reserving n bill Of
| exceptions. The witness bought the certiti-
| cate from George Cronan. n member of the
tr1n Of John Coleman & Co., and paid the
tull market price. Witness is u broker and
| has been so for two and a half years has
| dealt very largely in city and State securi-
| ties. Over two millions of dollars of regis
| tered certificates have been thrown upon
! the market of New Orleans.
When certificates OF this kind are placed
upon the market they are considered com
mercial. Mr.. Lacey declared that it was
not negotiable paper, and would not be
! held So in law. The Judge again ruled
! against the City Attorney. as he wanted TO
| know the practice III these cases, although
| ne was of opinion that the question OF nego-
liability will have to be passed upon. Bill
| Of exceptions reserved.
Mr.. Lemarie sworn-The witness defined
city securities as city bends, city notes and
registered certificates. These certificates
are bought and sold Ike any other paper
upon the street
| r. A. Hatch, Sworn-Am q member OF the
| firm of Samuel Smith 4 CO.: the house has
| dealt in State and city securities; the docu-
ment in question is Il registered certificate
| of Indebtedness; it was different from a
| bond, where there were no further manipl,-
| lationS to be made: it was treated as ne
| gotiable paper of the city upon the market;
the idea | intend to convey By stating
| that it was an incomplete evidence of III
debtedness was that it possessed less value
| than a bond: it differs from a complete
| evidence of indebtedress IL tins, 2. bond o.
! a note of hand need Dothip@ TO be done to
| them, While these registered certificates
required to be exchanged tor more cOmplete
| evidences of debt before celIlc r33C.
! To NJ. Lacey-Can't remember how lon o
| the registered certificates have been upon
the market-at least two or three Yeas.
| After some further testimony 10 the same
ettec., the case weCt over.
Sixth Gistric. Court.
j. II. c. Klein VS.. G. w. Lowell.-in this
| case the plaintiff, who is letter-carrier,
| claims $i6s 62 of the city postmaster. The
! carrier claims that his paw commenced Oh
! the day he was sworn in. while on the other
| hand the defendant contends that pay Is
| due only from the time the carrier com
| menced carrying letters. The carrier took
/ an oath at a certain date 10 support the
constitution Of the United States; he faith
| fully performed his duty III supporting the
| constitution until he was called ON TO as
| sumo more ardUOus responsibilities, and Was
| entitled. as he contends 10 pay for so dong.
! The postmaster thinks that the labor 0t
! supporting the constitution does not entltie
! the carrier to pay, and that he can only
! claim compensation from the time he put on
| III" Confederate gray aud commenced ms
! nerIpatetic exercises in pursuit OF eplsto-
| lary correspondence. From these differ
/ ences in opinion arise thiS riot.
! suit Against the Citizens; Bank.
! A somewhat imu"rtart suit las been en-
/ tered IN the Fourth pist-ia- Court, Judge
| Ihenrd. against the Citizens Bank Of Louis
! lana. by i. ". RObertsUIs. OF East Baton
! Rouge. and William g. ard Charles y.
| Robertson, Of the PARIS Of Iberville. The
| plaintiffs claim damages in the amount of
! $1,000 from the bark. They SET up that the
! bank although perfectly cog>izart Of tie
! fact that they resided oct OF the iuriSdic-
| ton Of the Fourth District Court, instituted
! suit against them. i'll violation of the act of
! the Legislature entitled An act to amend
| article 1872 of the Code of Practice ap-
| proved March l9. 1861, which act is a remed-
| ial and prohbitorv statute, founded upon
motives OF public policy. and obtained judg-
| menC i'll 1866. That in March, 1869. the
| bank caused to be issued ii. ia. in said
snit. addressed to the Sheriff Of West
Baton Rouge, who, III obeyiDs which, pro-
| ceeded 10 sell a certain portion of the plan
! tatI0n. etc. Of plaintiffs. Ior which So0UO
was obtained. the bank being the bidder.
The plaintiffs ask that the whole proceed
ings IN tue suit and IN the sale be set aside,
and that they recover 5000 damages, $1,000
for the land and $1,000 for attorneys fees.
Loss OF the Bark Hanson Gregory.
The bark Hanson Gregory, Captain j. b.
Gregory, which sailed for this port on the
eighth OF September, from Backs Harbor,
Maine, was wrecked on French Reef, near
Key West, on the tenth instant. Her cargo
consisted Of granite for the ST. Louis Bridge
Company. She was consigned TO Messrs.
Thorndihe, N0iton Il Co. We are Informed