New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-25
ale,r Orleans &epubliea''.
OFFICIAL JOURNAL OF THE UNITED STATES
OFFICIAL JOURNAL Of NEW ORLEANS
THE COT RTS.
Eiubtl, District COurt-Nandamus Upon
rho civ by the school Boa rd.

now Board of Public School Directors. TO
compel the city to levya tax for the support
of the schools for the current year was be
inc argued Yesterday before the Eighth Dis
trict Court. The city is represented 10y Ru-
fus Waples Esq. and the taxpayers by
James il. Eustis. Esq. Mr.. llorn"r, o.
Messrs. Benedict n Iornor. appears for the
school board.
The OrIean. Oil Manufacturing Company.
Thomas J. Harrison has brought suit III
tLc Eighth District Court against the ahoN"
company. claiming damages III III" sum oi
Sl9.74l -. for value of IN" services WHEN
he was prepared to render the company. m
der an engagement which ne alleges ne
company have. without good cause. with
drawn from. The plaIntlu was to act rs
INSPECTOR of cotton seed, etc
suit, Against the City l ndcr The License
Ordinance.
John ArmhruStrr. Widow >oule. Ems;
Valkman ct ais. have brought suit III III"
Seventh District Court. against the rltI.
claiming in each ease lJl. for damages re-
sultin~ from arrest said arrests having been
made by Victor Jourian. upon an order
from +. V. Leclcrc. Recorder OF the Third
District for an alleged Noncompliance with
a certain license ordnance passed 10y the
city. The petitioners contend that II such
an ordinance does exist. the same Is Illegal.
null and void. and III tiagrant violation OF
the laws of the State: and that the sald T..
v Lcclerc has no jurisdiction to issue any
process or take cognizapce of any suits for
taxes. or to impri>on any person for the
non paymcnt OF taxes or licenses. and Is.
therefore. responsible for damages i'll thus
unlawtully issuing his warrants for the said
arrests.
They also represent that they are in
formed and believe that their arrest and I'M
prisonment were the result of Il conspiracy
between b. +. Flanders. Mayor: James
Lewis. Administrator of Police: +. '. L.
clcrc. Recorder of the Third District. and
Sergeant Victor Jourdan. of the Metropol
tan Police. and the city OF New Orleans.
concoctcd and gotten up for the purpose of
illegally. wrongiullv and mallclouSly eNtort-
ing money from them.
Decision by Judge DibbIe.
In the case of George Patterson vs..
Brooks. Mcdonald 4 Co.. Judge Dibble has
rendered the following decision
Plaintiff. who resides i'll Canada, sues
James NJ Brooks. Hugh Mcdonald and
Louis H. LeCiay. constituting the firm Of
Brooks. Mcdonald n Co.. now in lquida-
ton. for S24.0l2 81. subject TO IA credit OF
$1,000 in goda
1t is claimed that this amount was loaned
in 1867 to defendants. then a commercial
firm doing business III this city. The al
swer is general denial.
The theory of the defense made by the
defendants, Brooks 4 LeGay. is that the
money was advanced to the firm 10y the
other partner. Mcdonald. who can not.
therefore. maintain this action. But the
evidence establishes. | think. that the firm
sent Mcdonald TO Nova Scotia to effect this
loan. and that it was really made for ac-
count OF the partnership. 1t is true that i'll
the books of the concern the credit entry III
the name OF Patterson was offset by debt
entry i'll favor of Mcdonald. but this was
Il Ia,
seems To have been done in order to make a
more favorable showing to the creditors of
the tailim. house. Mcdonald was not III ar
rcars IN his quota OF capital III the partner
ship.
The test application by the supreme
Court, III the case OF Roth 4 DibliruX ".
Henry T.. Morse. |" Ann. St, should dtcidc
this cause.
However the books may have been kept.
the partnership will be held liable ii the
money WAS obtained for and Injured 10 the
benefit OF the concern. Such were the facts
here. The relationship between plaintiff
and Mcdonald forms 10 element III the
transaction.
The credit of three thousand dollars i'll
gold results from IA jud gmcut upon a bill OF
exchange obtained in the Fourth District
Court That court. assisted. | believe. by
special jury of merchants, determined this
issue a. it is now decided.
Let there he Judgment for plaintiff Is
prayed for
Damage suit Against n Steamboat by n
state senator.
Edward Butler. member OF the Louisiana
State Senate. who resides i'll the parish Of
Plaqucmimcs. has brought suit in the Eighth
District Court. Judge Dbblc. claiming
damages of the captain. owners and lc>~ce>
of the steamboat Bannock City in the sum
of 80, 900 for having been. a. he alleges.
beaten and put on shore ia til, night. on
the nineteenth day of the present month.
That he got on board the steamer at his
plantation. titty-tour miles below the city.
and was ready and willm. to pay lis
passage IA a first class cabin passenger. but |
that. i'll accordance with the usual custom.
the same was not demanded of him 1T the /
time OF his getting on board. That while I
sitting in the forward cabin. he was ap- |
preached by the clerk OF the boat. who. adj |
dressing HIM III pcrcmptorv tone, said: |
Butler. did not the porter tell YOU YOU |
could not stay i'll the cabin ," to which he /
replied, Yes" That the clerk then told |
him he would have to put him ont. and he |
said. You can Use your prerogatiVe.
That the clerk. assisted by several of The |
crew, thereupon fell upon him and beat |
and bruised him i'll the most outrageous |
manner. some OF them calling ont to hang !
him. and that his life was saved by the |
put OFT bleeding and sore. i'll the night. AT |
the Magnolia plantation. where his friends |
took charge of him and bound up his |
wounds. He charges that the captain did |
not attempt to interfere i'll preventing the |
cruelty above enumerated from beng III
f1lcted. Nllcrcupon he claims damages
from the captain. owners and lesseeS OF the !
hoat III the amount mentioned. VIZ: |
$4,000. +. Howard McCaleb. of counsel
for plaintiff.
seventh District COurt->mit Against the
Red River Pilots Association.
w. VI. +. STANLEY. the plaintiff in this .
suit, claims ten thousand dollars DAMAGES.
lie alleges that he had been Il member of |
the association for over eleven wears. having |
ptld III dues some twenty-five hundred dol !
lars that on the sixth of February. 1871. /
without previous notice or trial. lie was |
expelled: that hv reason of lis expulsion he |
loses all benefits that would have accrued 10 |!
INN III ease of sickness. and his wife and |
children lose all benefits in cas-" OF his death: |
that he also i damaged by the discrimina !
ton against all steamers running under tn"
plI"tagc OF parties not members of tEi- /
association. He also alleges that the rules
OF NE ASSOCIATION regulating wages are
Nold, as against public policy. He pray>
for jury.
Decision by Judge COllcu..
In the suit Of Urban Thrurcr vS. y.
Nautrc and {. w. Bradbury. Judoc CollenS
has rendered the follow ng opinion:
The defendants were, some time since thc
owners OF an OIL factory on poy'r,, street
IN tins city. and. for the purpose OF ucoo-
uath@ loan. mort@aged the prorclty to |
plalntItt. Failing to satisfy the mortoapc.
a al.