New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-20
THE COURTS.

In the United States Circuit Court was
yesterday tried the suit of J. VI. Beebe l.
| Co. of Boston. against A. Levi. This sui,
was one to recover of the defendants $22l2
| which the plaintiff averrcd was due on GER
tain promissory notes, and on balance OF
account between the parties. The defend
ant, who was sued as a member Of the late
commercial firm of Bloom, kohn g. Co.,
| answered that the firm was dissolved in
1862: that he had no personal knowledge of
the firms transactions, the business being
conducted by his cOpartnere: that the notes
were transferred to Thomas La, ton. and
held by him long after the same had been
prescribed, and finally. the notes were
barred by lapse OF five years The de-
fendant asked for the rejection of tie
plaintiff 8 suit. The jury found for the de-
PENDANT.
The judgment Of the United States Cir
cult Court on the suit of Mygatt against A.
w. Walker is final and executorv A de-
fault was entered in the suit, and the sum
claimed amounted to Sls2l 20.
The opinion of Judge Cooley, of the Sixth
District Court, in the suit of Chapman
against Harrison & Son, concluded in favor
OF the plaintiff who sued his factor for the
proceeds Of a sale of cotton. Harrison IL
Son, when the cotton had been sold, re-
ceived orders from the plaintiff to transmit
the money. With this object they inclosed
it in an envelop and sent it by a clerk to be
put on board the Belle Lee. On the way
to the steamer the clerk was knocked down
and robbed. 1t appeared that counsel on
both sides agreed on the popularity of the
case, and that there was no action similar
to this on record to which reference could
be made. Judge Cooley then applied only
the general rules of law, and inquired, first
who owned the money. the cash being lost
'ior account OF the owner, whoever that
was. The judge concluded the ownership
rested with the defendants before the en-
velop had been shipped on the Belle Leo.
The rule, said the judge, which is ap-
pllcable to the transmission OF money has
been often stated-that the party trans.
mits at his risk unless he follows the
special instructions which had been given
to him by the party to whom he is to
transmit; and IN many cases it has been
held that in the transmission of money by
the mail or the boat in kind unless specially
authorized by the partytO whom the monevis
to be st NJ, places the money at the risk of the
party sending 1t, showing that in all cases
except special ones, the law held the liza.
plllty to be against the factor III trans
hitting the money, until it safely arrived
in the hands of the person or corporation
which was authorized to receive il hy the
party to whom the money was to be sent
As long as II Is not i'll the hands of the party
chosen for It's Transmission by the one TO
whom it is to be sent. the money is con
sidered at the risk of the party sending it."
The court wound up in deciding that the
defendants were still liable for the
money Ii they had a right to infer that
the transmission was 20 he made bv the
Belle Lee, they assumed upon themselves
the risk of getting it to that carrier"
while the plaintiff only assumed the re-
sponsibility Of delivering the money after |
il had been delivered to the carrier
Judge Cooley dismissed Tim Nolan alias !