New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-13

THE COURTS.
United states District Courts- Hon. Z. H.
DUrell.


United states District Courts- Hon. E. H.
Durell.
In tle case Of Keen vs. Sampson, in which
t,le plaintiff obtained Judgment for $1,000,
vita interest at eight per cent for number
Of years defendants counsel has submitted
a motion for new trial.
Assignee Of Arthur Woods, bankrupt, vs..
D. X. Graham.-This was rule taken IL
the matter of the above named bankruptcy
on the defendant, to show cause why he
should not surrender certain prOmissOry
note, made by j. d. Crguhart and belong
ing to Arthur Woods. The note is dated
December 80, 1867, and Woods was adjudi-
Gated bankrupt on the twenty seventh of
April, 1868. The note was not surrendered
by Woods in bankruptcy. and does not ap-
pear on his schedule. Suit has been brought
by Graham. claiming TO ba the assignee Of
the note. The question was. whether he
ever obtained any title thereto, Or whether
the assignee or Graham Is entitled to it.
The csurt. after hearing the evidence, de-
creed that the rule be made absolute.
The jury was then ordered to be sworn,
and the panel, when exhausted only pro
ds.ced seven. The entire force OF the NM
shaI was then ordered out TO look after the
absentees, out after waiting a considerable
time, and none Of the delinquents appear
ing. attachments for twenty We're issued
returnable al eleven o'clock today.
second District Court - Administering
Upon an Estate.
The following petition has been filed in
the Second District Court:
TO the Honorable the Second D.stric: Cour: of the
Parish o! Orleans:
The petition of Emelie B. Isaacson. widow
OF Iynatius Caultield. with respect. repre-
seats that she resides in New Orleans, and
that her said husband, who died on the sew
enth of January. 1871, in this city. also re-
sided here at the time Of his death; that
vour petitioner was married to said Caul
field il the year 1885. on the eighteenth day
OF April. and at the time of her maria &c
she was tho widow of j. NJ. Arundel who
died leaving no issue alive: that your peti-
toner i. the surviving widow in community
OF her second husband the said Caulield,
and that her two children. the issue of her
SAID second marriage. are the sole heirs at
AIine Victoria Caulfeld. aged fourteen
years. and Emile Harry Caulfe.d. aged
twelve years.
She therefore prays that she NAV be CON
ir.ned As natural tutriX of her said minor
children, and as such administer the success
sion Of her deceased husband. IgnatiuS
Caul.ieii: that an inventory be taken of
the effects of said succe ssion and an under
tutor appointed for said minors, and peti
toner prays for general rciie:
Judge Duvigneaud appointed II. NJ.
Isaackson as under tutor 70 rcprcsen: the
minor children.
Fourth District Court.
J:d.e Theard the Judge OF thi. court: rs
il was intimatcd in the column. of the RE-
PU BILc An that he would, Yesterday delivered
~ elaborate and most important decision
in the case OF John Kruil VS.. Given. Watts
& Co. which is Of great interest to our
commercial community.
The point decided by tho Judge is tina. a
rot ION factor is not .iduciary agent under
the bankrupt act OF 1857.
The Judge. in his summin. ur, sara:
II is the settled law o: this State that the
relation of principa! and factor is not a
iduciary relation. See , Annual. Blood
worth Va. Jacobs, p. -. When c. j. EU>tis
held that such a contract 'partool1 of the
nature both Of a loan and OF an irregular
deposit" that an irregular deposit does not
constitute a trust fund, was finally settled
II ID Annual. PIP. 3i2 SA. Our courts have
held that Usage is part of the
contract between the parties. and the usage
If the merchants of this city to sell tho
property o. their principals tor 4 commits
Won 10 inngle the proceeds with their own
'unds. Ia too well established to be Gues-
oned. Ia fact, from the nature of the
business between planter and factor. any
'tler mode would be wholly impracticahle.
# it were the duty of the factor 20 keep the
funds o. each customer in kind or in a special
package "a deposit. how could they hope to
accommodate the customer by paving his
iratt. or honoring his orders for it is set
led law. that a depositor can not check
gains. special deposit. The record in
his case presents a case of an irregular de-
'osit. partaAins also of the nature of a loan.
Tno plaintiff drew checks against the pro
.eels in the hands of the defendants. and
is drafts were paid; then an account was
.atei between the parties, showing bal
nee due him in An gust 1865. This he al
owed them to retain, and TINS the debt be-
anne personal debt, barred by the pre-
cription OF ten years; it was no longer an
,,,en account. a debt stated by the defend
n-s and accepted by the plaintiff. After
u.lv considering the authorities, am sat
SIZED that the exception must be main
aimed, and that the discharges of the de-
endants, pleaded by them. are perpetual
'ar against the plaintiff g demand. and that
here be judgment in favor of defendants.
With costs.
Fifth District Court.
In this court decision has been rendered
q the case OF Mrs. Marie Bicrnam seeking
eparation in property from her husband.
William G. Manl1. The parties reside at
30. ~ Common street, in this citT.
Petitioner states that she was married to |
efendant. May L.. 1866. and at the time of |
ec marriage was possessed of property to |
he amount of $l5,OOD. which she trans |
erred to the possession of her husband. |
ince that time she AYERS that her husband |
rs become reckless and careless. and she |
ears that by his msmanagement he may |
ave sluandered greater portion of her |
roperty aforesaid. She therefore prays
II separation Of property. with Judgment
D. amount claimed, less the sum of $4,000. |
Judgment for plaintiff as claimed in full.
18th interest from May II.
In the case Of Duncan \. Hennen vs.. the
lew Orleans and CarrOllton Railroad Com
any, suit is brought to recover the value OF
lree .ots of ground. This case was origin
ly filed October l3, 1865. and having been
y trial yesterday in this court.
The plaintiff in his petition sets forth that
the year 1874 ne and John Nicholson
ow deceased. purchased from the New
rieans and CarroIiton Railroad three
,veral lots of grounds, situated on Poydras
rect, between Circus and Phllipa streets,
y tle sum OF $4,000, for which payment
as made by the transfer OF 53l shares in
le capital stock of said company. at the
:reed price of fifty dollars per share.
Petitioner further shows that afterward.
: act before Alphonse Barrett. notary pub
;. lie acquired the interest of John Nichol-
y, : heirs in and to the individual half of |