New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-07
THE COURTS.
Eighth District COurt-The running "'
the state Fi0nting Dcbt-sniis aaa'hst
thc BOurd Of I.iQuidasOr>.


the Board Of I4iGuida,Or>.
Messrs. J. l.. & f. II. Levy. a colh,ner-
c;.I firm of this city. have filed petition
in the Eighth District Court. Judge DlhDir.
annIvino for a mandamuS to be directed to
thf Governor of the State. the Audi, OF
Public Accounts, and John Il. EalneS:
President of the Citizens Bank, AS hScat
agent Of the State. III tnelf eapa'HN as !.
hoard of Iiouitiators of the floating debt OF
tbe state. under the terms of an act OF the
Iegislaturc to compel them to receive from
the said REALTORS Sli.0oO in outstanding
warrants. and to deliver them, IN lieu
thereof. 5000 in State bonds, in accord
ance with the terms OF sad act.
Petitioners set mp that by the first section
of an act entitled An act to provide tor the
payment or funding of the floating debt OF
thc State by the issue and sale or exchange
of the State bonds. approved March ~,
1870. land to repeal section three of Sald
act" which act was approved on the =
,ay of March. 1871. it is provided that the
Governor. Auditor Of Public Accounts AMI
the president of the Citizens Bank. vino Is
hereby constituted the Fiscal Agent of the
State for the purposes OF TINS act. SNi'ii
Jointly constitute and form IL board OF
Humiliation of the funding debt of the State,
and ii shall be The duty OF sad board to
settle aud redeem All outstanding state
warrants issued by the Auditor or TIL" Treas,
urer prior 10 the passage OF ms art' an" aii
mast due bonds and past due interest
coupons of the State. and for that purpose
said board is hc.cby authorized and re
uuircd to exchange said bonds for the ;itore-
said evidences OF debt at the rate OF one
hundred dollars in bonds for every seventy
dollars OF indebtedness.
Realtors show that being entitled to the
benefits of said act. on the third DAY "1
March, 1871. they presented the said out
standing State warrants. of which they are
the holders and owners. to John Il. Games.
President OF the Citizens Bank. who Is, bE
the terms of said act, constituted the hScai
agent of the State and one OF the sad ooard
of liquidation. and requested an eNcnanSe
of bonds therefor. and were answered tnat
the said act had not vet become ii law to his
KNOWLEDGE: that on the morning OF the
fourth of March. 1871. at half-past eight
o'clock. they again presented to the saiu
John q. Gaines Fiscal Agent, etc, the SAID
Sl3979 o. of outstanding State warrants
and S2l 90 in currency. making together
sI4. 600 and demanded twenty State bonds
to the amount of 100000, in accordance
with the terms of said act but that the said
John G. Gaines Fiscal Agent. etc. refused
TO deliver the same. although he stated to
REALTORS that the said act had, to his knowl-
edge. become a law. Wherefore they pray
etc as above set forth. Judge DinDle
granted the writ OF mandamuS prayed tor
IudkIuS IL ltluAh"pic VA
ninth instant. ., :,
Similar suits to the above have been iiled
in the Eighth District Court. on the petition
of Samuel Smith & Co.. bankers, OF this
CITY, in which. after setting forth precisely
the same allegations; they ask that, beng
the holders and owners OF SltD.ooo OF stare
warrants. for the funding of which IN state
bonds. under the recent act of the Leglsia-
ture, and having applied to John &. Gaines,
one of the State Board of LiIuidators OF the
State floating debt, and President OF the
Citizens Bank. thev now desire writ OF
Injunction to prevent him from disposing or
said bonds in any way until the claim OF
petitioners for Sl6j.0O0 shall have been
passed upon and allowed and bonds gwen
for the same.
In this case nile nis was granted.
ordering the defendant. John Il. Games. TO
answer on "Wednesday. the eighth instant.
why the injunction. as prayed for, shall not
be granted, and ordering him. in the mean.
time to desist from the issuance OF siid
bonds in his hands the petitioner furnish
ing $4,000 security.
The Naaazine Street Railroad Case.
Dunbar vs. Steib-in this case, which Is
one growing out of the complications OF the
Magazine street railroad CONTROVERSY ol
jefferson City. Judge Dibble yesterday rem
dered decision dissoving the Injunction
granted, and allowing Stcib the. defendant.
hundred dollars III 0duldStS.
There also came up the rule to discharge
the receiver and to place the road back into
the hands Of the company owning it.
The Judge stated that as the matter had
been appealed to the Supreme Court. aho
was beyond his control, he would have t,
overrule the motion.
The salary of the receiver has been tiXet
at two hundred dollars. instead OF nVe hun
dred dollars which was demanded for tho
services rendered in managing the road.
seventh District Court.-Does suicide ,,
nm Insane Person yitiate Life insnr
ance Policy:
Judge Collcns of the Seventh DiStric
Court has delivered an interesting and I'M
portant decision in the suit of Mrs. Rcgln;
phillips vs.. the Louisiana Equitable Life In
surance Company of this city. 1900
In this suit plaintiff sued to recover $4,000
the amount of IL policy issued by said com
many upou the life of her husband. an al
legged agent and employee of the company
who killed himself by shooting himself il
the mouth with pistol. in ii tit OF allege'
insanity, at Allbevillc in this State, on tn
sixteenth of March. 1870.
The plea set up was that the party, beln
insane when he committed the act. was no
RESPONSIBLE for the act. The defense set II
the suicide clause Of their policy, but tn
court held that the company must pay tn
5000
sixth District Court commission WEI
chants As Fiduciary Agents.
A short time since we printed an elabt
rate opinion rendered by Judge Cooley, o
the Sixth District Court, in the suit o
Hodge vs.. Given, Watts 4 Co., i'll which Ii
passed upon the question as to when CON
mission merchants acted i'll the capacity g
fiduciary agents. and when the relations be
tween themselves and their consignors wcr
simply those of debtor and creditor.
I'm the suit in question Judge Cooley hell
that Given, Watts & Co. were actin" flo
Hodge a shipper of cotton 20 them. as tGl
ciarv anents, and that they could not get
DISCHARGE from the debt by discharge i
baukruptcv The relation. he contends, i
this case. was not that OF debtor and cree
itor. A motion for new trial III IL Slmla
case has been overruled by the court.
Suit Inv one Of the Drainage Commission
The LEGISLATURE having passed an ac
which has been duly signed and prom!'
gated requiring the several boards OF dra
age commissioners to turn over thelf nooi
and papers, assessments. moneys. etc,
the City Board of Administrators and Il
Mayor suit has been brought in this ecu
by Mr.. Moses Eastman. president OF one
the boards. 10 recover the books, etc. h
longing to said board from the compal
known as the Ship Island Canal Colnpan
which were forciDly taken possession OF
the latter some time ago.
supreme Court Decisions.
The following decisions were renders
Yesterday:
Michael Carvin vs.. Phillip Dr,,mm.
- d. Il 1.