New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-04-25

5Is u . e Z -
~ n 6oxes: thefe va s. ths Whcle lot
,i;Askv. hox6e: ha1f the lot was purchased;
sa,mnIesDwer6 first shown to Nasbits and an
othcr tobacco merchant in New Orleans;
fhev. With the plaintiffs salesman, then
vent to a room in an upper story OF the
building, and At the instance OF the buyers
several boxes were opened, and the quality
proved satisfactory. She salesman testlnes
That Nasbits was distinctly informed that if
he desired to examine the tobacco any fur
ther he could do so; that if he purchased,
the transaction was to be at once closed,
and that no reclamation would be al
lowed.
That the tobacco was not cold by the
samples, but upon the personal inspection
of the buyer. That he could have had
every box opened if he desired it, but that
he did not require any further examination.
that the tobacco did not belong to his
employer, but to another person, for whom
the plaintiff had agreed to sell it; that he
knew the lot was not strictly sound, but as
it did not belong to Mr.. Harris, he did not
feel at liberty to make any statement con
corning it, and therefore sold A,e lot as it
was, the purchaser to make his own exami-
nation.
It was fully established to be the usage or
custom in New York for the purchaser to
pass definitely on tobacco before delivery;
that if sold by samples he comes and exam
ines as much of the tobacco. or as many
boxes as he desires, and then decides
finally upon the trade. After delivery no
drawba or reclamation on account OF de-
fects or deficiencies in quality are allowed.
The lex loci contractus governs in the de.
our CODE 1t is fully established that one of
the defendants, the partner who made the
purchase, was informed at the time OF Pur-
chasing of this usage or custom in New
York. and bought under the conditions it
imposes.
We think the judgment was properly rem
!dered.
Mrs. Gayarre VS.. b. S. Millauden ct al
Appeal from the Seventh District Court, par
ish of Orleans. Judgment reversed. Talia-
G. De Ferret VS.. Bank of Amsrica-AP-
peal from the Fourth District Court, parish
of Orleans. Judgment reversed. Howell, j.
Eighth District Court.
In accordance with the order issued by
Judge Dibble and already published in the
REPUBLICAN, no cases will be tried in this
court during the present week. Rules and
summary proceedings, however, will be en-
tertained and disposed of as usual.
The Louisiana Levee Company VS.. An
toine Dubuclet, state Treasurer-The
Question Of the State Debt.
The. Louisiana 'Levee Company, incor
pOrated under an act of the last General
Assembly, approved twentieth Of February,
1871, of which A. G. Brice is president, have
applied through their counsel, Messrs.
Semmes and Mott, for an injunctiOn.tO re-.
strain George E. BOvee, Secretary Of State,
Antoine Dubuclet, Treasurer of the State,
and James Graham, Auditor, from counter
signing, sealing, registering or issuing any
bonds of the State Of Louisiana authorized
to be issued under the various acts OF the
last General Assembly, until the further or
der of the Eighth District Court, and call
ing upon said court to proceed to adjudge
and fix the amount of the State debt, and in
case the constitutional limit has not been
reached, that the said company be entitled
to priority in the issue of bonds within said
constitutional limit, and asking that said
respondents be enjOinel from issuing any
bonds of the State until the claims Of petit
TONERS to the 81 100000 granted to them
are satisfied.
After reciting the history Of the legisla-
ton creating the company, petitioners set
ner specified therein, and in case the State
debt has not reached the amount of $685.
100000, as specified in the constitutional
amendment recently adopted, petitioners
will be first entitled to receive 81 ,O0O,0 600 in
bonds in preference to other parties who
claim bonds from the State, because the
act.authorizing their issue was the first act
| adopted at the session Of 1871, authorizing
the issue of bonds, and petitioners are
~. lad nc fire ,fVao ny
| party. to priority over other parties who
claim bonds under other acts OF later date.
That it is necessary to preserve this prior
ity, because petitioners arc informed and
believe that in any event tue various acts
of the Legislature; passed at the said ses-
sion Of 1871. will require, in order to satisfy
the engagements contained therein, an is
sue Of bonds in excess Of the constitutional
limit.
That suits are now pending involving the
true construction of said constitutional
amendment limiting the State debt, and
until said suits are finally decided it will be
impossible to determine whether or not the
State can lawfully issue any more bonds, OF
what amount it can issue until the cOnstitu-
tiOnal limit is reached.
, In this state of uncertainty they assert
that it would be unjust and prejudicial to
their rights to allow any further issue of
VOuuo uHtAA tACA AiShto CstA W eeo-
certained by judicial decision fixing the
amount of the State debt and giving petit
TONERS the advantage of its priority within
the limits of said constitutional amend
ment.
Order-Let the defendants be ordered to
show cause on Thursday, May 4, at ten
o'clock A. NJ, why an injunction should not
issue as within provided for, upon plaintiff
giving bond with good and solvent security
in the sum of ten thousand dollars. Let de-
fendant be ordered to desist from the acts
complained of until. the hearing and de-
termination Of this rule.
HENRY C. DIBBLE.
The sureties in this case upon the bond
are George F. Sherman and K. b. Camp
bell.
seventh District Court-The Alleged Tam
pering with a Juryman.
Mr.. Fisher, accused Of having bribed one
of the jury in the case of Schnel1 vs.. Frisch,
surrendered himself yesterday upon hear
ing that there had been a warrant issued for
his arrest. He was .remanded under bonds
of one Thousand dollars to appear on Mon
day, May l. The Criminal Sheriff refused
| to arrest the. accused, claiming that this
court had no jurisdiction to issue the
capias.
NIandamus upon the State Auditor.
Richard X. Diossy, claiming to have been
appointed Division superintendent Edu
cation for the third division, has filed pc.
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