New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-07
THE COURTS.
Eighth District Contradictions by Judge
Dibble

Eighth District COurt-DecisiOns by Judge
Dibble.
Judge DibbIe yesterday rendered the fol-
lowing decisions:
In the case of Mrs. Jane WetmOre VS.. the
louisiana Mutual Aid Association, the
| widow of the husband sues to recover $685.
| on policy of life insurance taken out by
| him. The deceased insured in the company
! under the terms of its charter, and he con
| tracted to pay s IS in the event of the
| death of any member of the association.
| The person in whose favor he insured was
to have after his death, while his policy was
in operation, one dollar from each member
| of the association.
The defense is, that the policy was for
feited, the defendants alleging that there
was an assessment due and payable before
| the death of the deceased, which he failed
TO meet. One of the terms of the policy and
the charter is, that in the event of the death
of any member of the association, each
member shall pay 81 p within thirty days
after notification; this notification is to be
| given, in cases where the insured lives out
of the city, by a written notice, but where
insured lives in the city. it is to be by pub
| LEGATION in the daily newspapers, in French,
English and German for five days.
The issue between the plaintiff and the
| company is, that the thirty days from the
notification begins on the day of the first
insists that it begins only after the fifth day,
and such seems to be the correct construc-
ton.
The notification of five days is to be in
lieu of personal notice, and is to be con-
tinued for five days together as one nOtiti-
cation. The deceased died twenty-five
hours after the expiration of the thirtieth
day, and if he had expired forty-eight hours
sooner he would have come within the
period which the defendants claim his
widow would have been entitled to re-
cover. | think the notification begins to
run from the last day, inasmuch as the five
days are to be considered one notification.
Let there be judgment for plaintiff, as
prayed for.
John Davis VS.. Executor of Seliman-Mo-
ton to discontinue is dicharged, and judy
ment rendered for plaintiffs on the merits.
John 5. Hardie VS.. Merchants Mutual In
surance Company-Suit to recover $1,000 on
policy of steamer Carrie 5. Judgment for
plaintiff.
Estate ex rel. Julian Neville VS.. James
Graham-Mandamus peremptory.
Widow Denegre VS.. Magnolia Street Rail
road Company-Judgment for plaintiff.
Seventh District COurt-SHit Against the
City for Failure TO Provide n Landing
for Barges.
Samuel Latte has entered suit against the
city to recover $3l27 IS for damages, claim
ing this:
That he is the owner of the steamboat j.
M. Sharp, which he employs in towing
barges and tlatbeats loaded with cord wood
and sand, for his own account, from land
ings on Red river to this city; that said
business is lucrative, and in the ordinary
pursuit thereof on the nineteenth of April.
he reached the port of New Orleans with
two barges in tow, loaded with wood; that
the barges were taken to the fiatboat land
ing, near Washington street, assigned for
such water craft by the ordinances of the
city; that the captain of the j. M. Sharp
demanded place of landing for his barges
from one Chadwick, the wharfnger, who
promised to designate place, and that
Chadwick said he would order away from
said landing certain steamboats, lying the re
idle, and i'll the way, and in violation of the
ordinances of the city; that said Chadwick
afterward Uniformed petitioner that his Or
ders were cOuntermanded by Macarthur,
his superior officer; that the captain of the
Sharp thereupon applied to +. G. Remick,
Administrator, for landing for his barges,
when he was told that as soon as the Belle
of Alton was sold, place would be granted.
Petitioner alleges that through failure to
obtain relief, he caused to be addressed a
communication to the Mayor, and the
Mayor went with him to see said Remick, and
required him to give petitioner a landing,
tailed to do until about April "a, 1871, when
landing place was given to one barge; that
by reason of the foregoing facts, petitioner
was compelled to place his barge on the
Algiers side of the river, to await the leisure
of the cooperation officers, where one is vet
lying; that he was compelled to keep
pumps going night and day; to have watch
man on duty, and that during this time the
steamboat has been idle, besides being una
bic to sell his wood, as the same can not be
delivered, and that the market price has
fallen one dollar per cord since his arrival
in port.
Petitioner alleges that the corporation
has full authority to regulate the use and
enjoy the revenues from the wharves under
certain limitation, and that it has assigned
for the different water crafts certain por-
lions of the river front. and that f1atbOats
ana barges have assigned for their accom-
mediation certain landings and that steam
boats at that landing were there in viola
ton OF the city ordinance; that when the
barges of petitioner repaired to said land
ing, and demanded place, it was the duty
OF the corporation to cause said steamboats, |
to leave the same in furtherance of the in
terests of commerce.
Petitioner especially alleges that said cor |
poration is bound to furnish a landing to all |
water craft arriving at the port of New Or |
leans, and 1t can not use the landings set |
apart for one kind of water craft to the prem |
dice OF those to whose use they have been |
specially dedicated, and that through the |
negligence of duty on the part of the cor |
lost the price of one dollar per cord on
six hundred and twenty-seyen cords of |
wood; he has lost by detention in port, and |
the loss OF profit and expenses of boat and |
crew one hundred dollars per day for
twenty-five days, making in all three thou
sand one hundred and twenty dollars
ana seventy,hve cents, and that each day he
one hundred dollars per day. and that the |
city Is bound to him for such loss.
The Imprisonment for Non.paymept of /
Alimony.
r. NJ Fisk. who was imprisoned for ten |
days by Judge Cooley tor refusing to paw |
allmony for the support of his wife, from |
whom he is seeking divorce in the sum of !