New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-21
THE COURTS.
Eighth District Court-Depeving Red
River Obstructions-An luouncti0n and
SeQoestrati0n Writ WaferwOrks-

i
Slaughterhouse.
The petition Of Andrew j. Oliver, who II
sides in the parish Of Orleans, and of GeOrs
Alban, who resides in the parish of DeSOt
respectfully shows: That on the eighteent
OF September, 1868, your petitioners, bein
owners OF certain contract with the Stat
OF Louisiana, for the Improvement of th
navigation Of Red river, and IN great wal
OF some ready money in order to cOmplet
| it, in accordance with the terms and cond
| tiOns Of the contract, applied to one Willia1
Durbridge, who also resides in the city Q
New Orleans, for the loan Of three thOusan
! dollars, to he used for that express purpose
| and succeeded in obtaining from him sal
sum.
Your petitioners aver that their straight
ened circumstances at the time, combined
with the absolute necessity Of having sal,
| sum OF money without delay, and til.
usurious demands of said Dur5ridge, in
duced them to enter into ali agreement
with him by which they obligated them
selves to pay him for the use said thre,
thousand dollars; the One-third part of tn,
net profits greatly exceed the amount o.
the loan. They aver that they were unable
to make any better or more favorable
negotiation with the said Durbridge fOl
said loan of three thousand dollars than
the one agreed upon, which was reduced te
writing, by public act before p. K. Hogan
notary. a copy of which will be produced
Oh the trial hereof
Now your petitioners aver that by said
act, in order to induce the said Durbridge
to make said loan they constituted him
their agent and attorney in fact, with
power to COLLECT the bonds provided for in
their said contract from the State az will
also appear from said act.
They further aver that the said Durbridge
has already received on account of said
loan, or the transaction named. q, sum
largely in excess of the said $1,000, with
eight per cent interest per annum from the
date thereof until paid, but that he persists
in demanding the whole one third part of
the net earned profits of said contract for
the use of his said $4,000 in excess of the
highest rate of interest allowed by law, and
not only that, but he still persists in claim
ing the right to collect the same from the
State.
Your petitioners aver that said contract
was and is highly usuriOus; that the said
Durbridge took an undue advantage Of the
necessities and circumstances Of your peti-
TONERS in compelling them to promise to
pay such outrageous interest. it being more
than thousand per cent per annum; and
they aver that to the extent of the payment
of said one third part of the net profits of
said contract for the use Of said $4,000, the
agreement of said eighteenth Of September,
1868. is null and void by reason of prohib-
itory law, and that your petitioners are de-
eirOus of having it 40 declared by judg-
nent Of this honorable court.
Your petitioners aver that the said
Durbridge is not only claiming that one
third part of said contract, net but that he
also pretends that he has right to act as
agent aforesaid for your petitioners in its
collection from the State, Notwithstanding
Withdrawals of said authority, all
of which is unjust, illegal. and ruinOus to
your petitioners interests in the premises
They aver that unless the said Durbridge
be restrained and enjOined from all further
action. under and by virtue of said written
agreement Of the eighteenth of September,
1868, from claiming or asserting in any man.
ner whatever an interest in the contract Of
ot the tenth of September, 1868, between
the State and your petitioners, and from
to act either in courts Of justice
,r elsewhere As agent or transferee. under
.he written agreement Of said eighteenth Of
September, 1868, they will sustain irrepara-
Die injury and be deprived of the whole
benefits Of said contract now remaining due
20 them, which amounts to the sum Of fifty
thousand dollars.
Wherefore your petitioners pray that
citation may issue herein to the said Will
lam Durbridge, in accordance with law:
hat after all due and proper proceedings
lad IN the premises, Judgment may be rem
Tered in favor of your petitioners and
'gainst the said William Durbridge decree
ng that the written agreement entered into
,etween your petitioners and the said Dur
fridge, on the eighteenth of September,
1868, before E. +. Hogan. notary public, be !
anceled and aIinulled; decreeiDg that the |
hree thousand dollars therein mentioned |
IS having been advanced by the said Dur |
ridge have been paid to him with the |
ighest rate of interest allowed by law,
rom its date to final payment; and decree |
ng further, that the said Durbridge has |
ow no lawful right to any portion of
ertain contract with the State mentioned |
q said act, and that he has no right in law
0 claim to represent yOnr petitioners either |
g agents or transferees under said act.
And for all general and equitable relief |
nd considering the premises, the annexed
ond and affidavit, your petitioners pray
hat a writ of injunction may issue herein,
estraininS and enjoining the said William
from asserting, aside from this
nit III any manner whatever, either directly
r indirectly, an interest in the contract
lade between the State Of Louisiana and
our petitioners for the Improvement Of the
avigation Of Red river, made before E. r.
logan, notary, on the tenth day of Sept
nber, 1868, that he may be restrained and
lj"ineC from presenting any such clam to
le Auditor OF Public Accounts in any form.
lape or manner whatever, and that he
ay be prohibited and eDjoined from in
ituting any suit or proceedings in any
'uTt or courts Ot justice, either as agent or
ansteree of your petitioners of any in
rest in or to said contract of the tenth of
.ptember. 1868, until after this suit shall
I'VE been finally determined. And to the
I'd that the jurisdiction OF this honorable
urt may be maintained over all the
sues and matters that may arise in the
urse Of this litigation, and that the writ
injunction prayed for may become the
ore effectual, your petitioners pray that
ID Seventh District Courts, for the parish
Orleans, may be prohibited and enjoined
I'm fling any suit or suits in their res
ctive courts, of tho above described
aracter, and for all general relief.
A. j. Oliver, one of the within named Pc
toner's, being sworn, says all the facts
ntained in the above and foregoing petit
N are true and correct.
Let the defendants show cause on Tues !
y, the twenty sixth day of September,
u, at 10 A. NJ, why the injunction herein
aged for should not issue; and meantime
the defendants be enjOned and restrained {
IN committing or performing any of the {
Is complained Of and set forth in this Pc 7
ion, and plaintiffs giving bond with good
solvent security in the sum Of one
Iusand dollars conditioned as the law di
.ts.
IN the same court the same plaintiffs e
~ for a writ of nandanus to compel the :
lte Auditor to issne certificates of indebt- :,
ness to the amount Of fifty Thousand dol I;
q.
ieorge Alban. a resident of the parish of y
DIDO, and Andrew j. Oliver, Of New Or Il
ns' represent that, in the year 1868, they :,
.ered into contract with the State to ! :,