New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-08
THE COURTS.
Eishth District COurt-The Floating Deb
M.,,er-Aus,yer Of the Citizens Bank.

ct als-And now comes INFO tnis nonofaoie
court the Citizens Bank OF LOUISIANA IN
her CAPACITY of fiscal agent OF the state OF
Louisiana. through sher attorney, and fer
answer 10 plaintiffs petition says:
That the bank as fiscal agent aforesaid is
reo6y 10 obey any law obligatory upon her
in her aforesaid capacity, but requiring
strict proof of plaintiffs allegations. and OF
their right to claim the bonds demanded III
this ease.
that she has received notice from Samuel
Smith 4 Co. claiming Slt5-Ooo in Louisiana
State bonds from your respondent.
Respondents therefore pray;
First-That j. l.. & f. II. Levy be served
with copy of this answer.
Second-That Samuel Smith 4 Co. be
served with copy OF the original petition
filed in this case. and of this answer and
cited 10 answer the said plaintiffs petition.
and protect the Citizens Bank. or defend
their own rights and interests III the matter.
And respondent. ready To submit to the
Judgment Of the court herein. and frays TO
be hence dismissed with costs. and as III
duty bound. etc.
Sixth District Court-Suit Against the
City-Suit for Damages Against the
jackson Railroad.
Eugene McCarty vs.. the city OF New Or
ieans.-This is a suit brought by plaintiff TO
dent Of the Police Jury of the parish OF Or
Deans. right bank.
The city denies that petitioner Is entitled
to any claim and. furthermore, that II Is
not liable for said debts
Abraham B. Meyers VS.. the New Orleans.
jackson and Great Northern Railroad
The petitioner shows that on August ID.
1870. he purchased in the city OF New FORK
. ticket from that point to the city OF New
Orleans. In the course OF his passage he
took the cars of said company AT Canton.
Mississippi. and when ut point two and a
half miles this side of Osyka, John Man
MON. conductor of the train. came into the
smoking car. where the petitioner was
seated. and complained that the seats had
beer deranged. and he charged petitioner
with making the change. and abused and
insulted. cursed and threatened petitioner
And. on petitioner demonstrating with
him for such treatment. the conductor col
Jared the petitioner. called the brakeman.
the car was stopped. and petitioner forclbly
and rurhlessly expelled therefrom by sad
parties: and as the train passed on the petit
tioner Jumped on the rear end of the last
car and secreted himself in the water
closet As soon as the conductor learned
that he was on the car he caused the train
to stop near the Union station. five miles
this side OF Osyka, at about eleven o'clock
on the night of August l6. 1870. and there.
with the ala OF 1nt cuiploNts "a tue
laid violent hands upon the petitioner,
cursed. abused and threatened TO shoot,
and actually forced the petitioner from the
train without cause or provOcatlCn: that
the night was dark and rainy. and petI-
toner was forced TO go back TO Osvka for
shelter. The next morning he took the
train for New Orleans. and although be ex-
hibited 70 the conductor his through ticket,
vet he was forced to pay his fare frou
Osvka TO New Orleans.
For all of which he claims damages il the
sum OF S25.000. The answer OF the New Or
leans. jackson and Great Northern railroad
shows that the plaintiff. while on the cars
OF the defendant. was guilty o. gross vul-
gar. and disorderly conduct: that he de-
Reaned himself in a manner unoecomIng
q gentleman: that he violated the rules ard
regulations of the railroad company. OF
which he was aware: that his behavior was
such that rendered il necessary for the con-
ductor 10 demonstrate with him and be-
seech hin! 70 conduct himself properly and
with due regard TO the interests, comfort
and convenience Of other passengers: that
SO far from yielding TO the respectful
request of the conductor in charge
OF the train. he few into a pas
sion, and without any provocati on.
whatever. assaulted the conductor. striking
him violently in tie face and the conductor.
with unusual forbearance and moderation.
refraiDed from retaliating. a he might well
have done and contented himself with re-
auiring me plaintiff to leave the cars. using
Just the force. and no more. necessary 70
effect this purpose. and satisfied from the
language. threats and conduct OF petitioner
that it would be unsafe for the other pas
eergers in the cars TO permit him 70 con
tinue on the train. 1t is further represented
that the present suit Is nothing mere than
an attempt Oh the part OF the plaintiff 70 ex-
tort money.
This case IS up for trial by jury.
Fourth District COurt-Suit Against the
City for Acts Alleged to have been
Done in 1S62-An Insurance Case-in.
rerestin9 Life Insurance Decision by
Judge Theard.
Crescent Insurance Company VS.. Stephen
Anen-Declslon by Judge Theard.-Ihe
plaintiffs sue TO recover on a promlssory
note. The defense is prescription, the note
having been dated in 1877. The evidence,
however. shows that Allen had regularly
paid the interest thereon each wear. mp -
this time, and that fact invalidates the de-
PENDANTS plea of prescription. although had
such payments not been made the plea OF
prescription would have been good. JudS-
ment for plaintiff.
G. W. Holt VS.. the city OF Nav Orleans
The plaintiff sues TO recover from the city
the sum OF Sl3.S54 So. with interest thereon
from july -. 1862. for this
Thai. in June. 1862 the city. through its
legal officers. took possession OF the Holt
House aud other property and sold the
same for the sum above mentioned. and the
property so seized and sold belonging 70 tie
plaintiff, he seeks to recover from the city
the sum aforesaid
The answer OF the city sets forth that at
the time the said seizure and sale was made
the city was under the control OF the mill
tarv authorities of the United States. and
of the city. designated III its charter. II is
further averred that the plaintiff. had issued
his promissorv notes and shinplasters Tor a
large sum. and such shinplaSters. etc. con-
ing into the possession OF the military au-
thorir:eS aforesaid. and petitioner refusing
70 redeem the shinplasters and notes III"
military authorities were obliged 70 take
possession OF and sell the mentioned prop
ertT 10 enforce the payment OF the sane
seventh District Court.
Mrs Regina Morse VS.. Louisiana EIuita-
be Lie Insurance Companv.-Ihls Is a suit
for 5000. amount OF insurance. subscribed
by defendants. on the life OF Horace :.
Morse. for the benefit of his wife and chlI-
dren. The policy contains a number OF eX-
cep-icnS. among which is this: That II he
shall die by his own hand" the contract
shall be null and void.
From the proofs of loss and other evi-
dence it clearly appears that on the six
teenth of March 1870. az Abbeville. IN this
State. Morse killed himself by shooting
through the head
The plaintiff. nevertheless insists that
this act was not imputable 70 the deceased.
nor within the meaning OF the exception.