New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-04
THE COURTS.
second District Court.

Second District Court
Succession of R. C. Smith.-In this case
yesterday rule was taken by Messrs. La.
bait Aroni on P. B. FOuke, Public ADMIN
istratOr, to show cause why the attorney OF
the heirs should not be allowed to qualify
and administer.
Succession OF Milton Taylor.
In this case an appeal was taken yesterday,
by Labatt & Aroni, to the Supreme Court,
from the decision of Judge Duvigneaud,
turning over the effects of the succession to
| the Public Administrator.
Eighth District Court-The Ship Island
Canal Case.
In the matter of the application of John
Lockwood and others, asking for a subpoena
| duceS tecun directing George F. Brott to
produce in court the books and papers
showing the operations of the company from
its origin to the present time. A continu-
ance has been granted until Friday, the fifth
instant.
Tho Chattanooga and Panchartrain
Railroad Case.
Chattanooga Railroad Vs. Pontchartrain
haii.osd and city of New Orleans.-In this
case plaintiffs have fled supplemental pc
ton. asking that the defendants be eDjoined
from interfering with them in laying down
their railroad track along or across the
twelve feet of banquette way on each side of
the track of the Pontchart.ain Railroad on
Elysian Fields street. Judge Dibble issued
the injunction. fixing the bond at $780,
Campbell, Spoford & Campbsll of counsel.
Sixth District Court.
Eugene McCarty vs.. Channing-This was
case in which the plaintiff claimed the
Office Of Third Justice of the Peace for the
town of AIgers, by virtue OF an election
by the people, the defendant having been
appointed by the Governor. The Court
gave judgment for McCarty.
Seventh District Conrt.
Harper, Bertram & Co. vs.. Chenoweth,
Casey & Co., George S. King. intervenor-
The following decision has been rendered
by Judge Collens in this case:
| consider that:
l. The transfer of the judgments obtained
in Cincinnati against William S. Chenoweth I
Co., one of the SOLITARY debtors. carries |
with it transfer of the claim and right of |
action against the others.
1t is clear that Harper, Bertram & Co., |
after making that transfer, could not de. |
mand payment from any of the other soil.
Diary debtors, for such a payment, if it could |
be made, would al once extinguish the in.
debtedness OF William S. Chenoweth and de-
prive the transterees OF their action and
Inconsistent with the obligation and war.
ranty of transferors to transferees. Louis.
ana Code, 26l5, 2616.
z. The transfer even expressly CONVEYS |
,he right of action against Casey, for he was
1amed as defendant in the suit, aud the
ict says: ''The defendants plural
Eeth, Casey Co. are hereby ordered to
Day the said George S. King the amount of
aid Judgment
3. Thomas J. Chenoweth is under the
ame liabilities as William s. Chenoweth,
,aviDg by express contract assumed them
Vhen becoming member of the firm.
4. Harper, Bertram Il Co. had right to
egard the rejected acceptance of previous
traits. drawn five days after sight under
lmilar circumstances, asa general waiver Of
he clause in the letter of credit requiring .
'enton to draw at ten days against ship.
nents of produce.
b. But be that as 1t may. certain it is that | (
he previous relations between the parties ,
aade Chenoweth, Casey & Co. priyies to the !
between Harper, Bertram & :
10. and Benton. They knew ana had as
ented to the terms on which the transac.
ions took place, and particularly to the
hat they (ChenOweth, Casey & Coz would >
ccept drafts drawn for the price, and that +
iarper, Bertram & Co. did not consent to !
art with their property either to Benton or 4
Chenoweth, Casey & Co., on other terms
nd for other considerations. They were
dVised by the bill OF ladIng. dated first of p
une, ana Benton's letter. dated fourth of s
une, that the shipment by the P. W. Stra. \
er was made in the same manner as the +
thers, and they had no ground for suppos- +
,g 1t was made Internationally. So that
henoweth, Casey & Co., if they refused ~
he acceptance, were bound also to refuse i
: restore the consignment They must
'cept or reject the whole affair. They can
ot, by their own and sole vollton, divide
le affair so as to take part and reject the
st. 1t was not a mere naked loan of their
edit they had given to Benton, but they h
I'd stipulated benefits for themselves and h
% security Of shipments; and they can =,
1t be permitted to take those benefits and W
curities without having submitted to the a
puiated charges. ~
1t is, therefore, ordered, adjudged and de- a.
eed. that George S. King do have and re- :"
yer from CheDoweth, Casey C Co., and ! >,
ainst Thomas J. Chenoweth and John F. .,
sey, an sOLidO, the sum of Sl679 96, with q,
gal interest from fifteenth June, 1867, until i;
Id, and costs of suit. q,