New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-01
THE COURTS.
Seventh District COurt-Suit Against the
southern Express COmpany-Suit by
the TeufOnia Bank 20 Recover Money
Paid i'm Error to a Customer.


southern Express COmpany-Suit b.
the TeufOnia Bank 60 Recover None.
Paid i'm Error to a Customer.
Isaac Levi, resident of this city, ha
brought suit against the Southern Express
Company to recover the sum Of $780, claim
ing that on the twenty ninth of May he de
livered to the company for transportation
to Galveston, Texas, a certain quantity o.
silverware which had been sold to G. Ran
ger, conditioned, however, on its speedy
delivery to him.
The plaintiff now represents that through
the negligence of the cOmpany's agents the
silverware was allowed to remain in theil
Office in this city ten days after delivery,
and consequently when it was shipped, the
party in Galveston refused to receive it,
and returned the same, alleging that mas
much as the goods had not been delivered
within a reasonable time, he would not take
them.
In view of this fact plaintiff sues to re-
cover from the company the value OF the
same through having lost the sale.
The Teutonia National Bank OF New Or
leans has entered suit against one OF Its
customers to recover Sl5S7 ", alleging that
through the error of one OF Its officers, said
customers account was enormously
credited with the above sum, and the same
entered upon defendants bank book, in
consequence of which he drew his checks
against the amount and obtained the funds
The bank claims that the entries to his
credit should have been passed to another
account and that the defendant is liable for
the amount.
sixth District Court-Suit Against the City
to Recover Money Claimed 10 Have
Been Illegally Collected for Licenses
Suit for $4,000 Damages Against the
New Orleans, jackson and Great
Northern Railroad Company.
The Factors and Traders Insurance Com
pany of New Orleans brings suit against
the city of New Orleans to recover the sum
of $I0,l75 &c, alleged to have been wrong
fully collected as license tax for the years
1867 1868 and 1869. The petitioners repre-
sent that the licenses thus collected were
exacted from them by virtue of the several
ordinances of the city government Of the
years above mentioned.
They further claim to show that the sew
eral ordinances aforesaid violated the con-
stitution of the State in force at the time
they were enacted, and are now unconstitu-
tional, unequal, oppressive and not uniform,
and are absolutely null and void.
1t is also averred that the city especially
agreed to repay the sum of S5253 If the
Supreme Court should decide that the ordi-
nance imposing the license tax was uncOn-
stitutional, but that notwithstanding the
ordinance aforesaid to be unconstitutional,
the city persists in refusing to return the
$5253.
Wherefore they pray to have judgment
and recover the sum Of Sl0,l75 &C.
Mrs. Darthula Leonard has brought suit
against the New Orleans, Jackson and
Great Northern railroad, in her own right
and as guardian of her minor children, to
recover $4,000 for this:
The Datition rpnrpsnntS that her son
Robert Leonard, aged eighteen years, pos
sessing the privilege of vending fruits and
refreshments on the cars of said company,
was on the thirtieth of July, 1870, thus en-
gagged in that business on board train,
and that said train was running at the rate
of twenty miles per hour after dark being
near NELSON'S mills Mississippi, when,
through the carelessness and heedlessness
of the engineer and other servants of the
company, the train was driven from the
main track upon switch, where it collided
with a freight train, causing the baggage
car to be thrown from the track, resulting
in the instant death of the said Robert
Leonard.
1t is claimed that the company is clearly
liable, as the accident was the result of
violation of rule three OF said company,
which reads: Engineers must not run over
frogs or switches at a greater speed than six
miles per hour"
Fifth District COurt-Mrs. Gaines Denies
that She Owes Caleb Cushing $56,-
900, and Claims that He is in Her
Debt Many Thousand Dollars.
Some days ago Caleb Gushing, of Wash
ington City, entered suit against Myra
Clark Gaines to recover $4,000 for legal
services rendered in several suits involving
claims of Mrs. Gaines to certain property
in this city The defendant in the cause
has filed an answer, in which she asserts
that she agreed to pay the plaintiff twenty
five thousand dollars for the services men
toned, but in consideration for which she
empowered him to collect large amount of
rents, and furthermore that he has collected
many thousand dollars on the same, being
largely in excess of the amount she agreed
to pay him. Whereupon she not only de-
MES that she is indebted to him, but prays
that he may be commanded to pay to her
the excess to which she is entitled.