New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-17
TIE COIKTS.
Eigbth District COurt-C. 5. Sauyinet.
Civil sheriff, the Bank Drinking
&..ln0n.


Civil Sheriff, vs. the Bank drinking saloon.
ROYAL street, based upon a refusal on the
part of the proprietor to furnish him with
REFRESHMENTS was up for trial before Il Jury
in this court yesterday. Under the recent
act of the Legislature. il the jury in this
ease should fail to agree, the matter At issue
will be passed upon by the judge without
further testimony o.. argument.
Seventh District Conrt->uit for $500 600
agains. the New Orleans. Baton Rouge
aud Viclxsburx Railroad.
Mr. w. 5. Pike, the wcl-known banker of
our city. has brought suit in the Seventh
District Court, Judge Collens, through his
attorneys. Messrs. Hays Il New. to recover
Of the New Orleans. Baton Rouge and
Vicksburg Railroad the sum of s3i.nG0
amount alleged to be due him for his right
Interest and title i'll the railroad known AS
the Baton Rouge. Crosse Tete and Ope-
lonaas railroad, located III this State.
The petition alleges that the plaintiff. On
the. twelfth Of April, 1870, entered into an
agreement with the company above men
toned, defendants in this snit, and aomi-
cilet, in New Orleans, of which Thomas f..
Bates is the president, to sell to Il, as socn
as he became the owner. the Baton Rouge
Crosse Tete and OpeloTsas railroad: that he
was taking steps 20 forrclosc his mortgage
on said road, and intended to incOmc the
was effertch he bound himself to convey the
same with all its rights and appIrtrnanccs,
to the said company. defendants. tor the
sum Of $3ll}. 900. OF which 81, 900 were to ne
paid cash, s35.090 in six months. and for the
balance. $3.50 900, the defendants agreed to
furnish two hundred and fifty first mort gage
bonds Of $1,000 each payable in forty wears
from date of sale, withseight per cent inter
est, to be executed by the company. payable
in forty years, in the city OF New Orleans.
That it was further stipulated that the
said defendants were to pat the said road
Immediately in thorough repair and condi-
ton as Il first class railroad from the Mis-
sissippi river to its present terminus, dis
lance OF twenty-eight miles, and on or be.
fore the first of January, 1871. finish and
-complete the same to the Atchatalaya
river, and thence to Alexandria, on the
Red river within two years thereafter.
That on the fourth day Of June, 1870. petit
toner became the purchaser. at sheriff
sale. in the suit Of w. 5 Pike vs.. the
Baton Rouge, Crosse Tete and Opeousas
Railroad Company, Fifth District Court,
parish of West Baton Rouge, OF said rail
road, with all its rights and privileges
That he at once notified the defendants
herein of the fact, and of his desire to carry
into effect at once the agreement OF the
twelfth Of April. 1870.
That defendants promised to comply with
the terms of said agreement, and in accord
ance to make the cash payment and to de-
liver the bonds as therein contracted. That
although repeatedly called on. verbally and
in writing. from that time to this. a peri ,d
of over nine months, and that although III
variably promising to Keep TIE faith and
execute the obligations of the agreement,
vet said defendants will not comply with il,
and on one preteXt or another hinder their
performance and ignore their binding Ell
feet.
Wherefore he prays that the said com
pany. through its president. be cited to APP
pear and. after due proceedings. oe con-
demned to pay the cash pavnen. and to eN
ecute the bonds as stipulated. etc.
Fifth District COurt-In-urapcc Decision
by Judge beaumont.
William S. Pike, Assignee. VS.. Merchants
Mutual Insurance Company.-Judge Lean
mont has rendered an opinion III the above
suit, giving Judgment in favor of TIE com
pany. In this case it appears that ". ).
Pike became the assignee of Messrs. Halves
& Bowen. for the benefit OF their creditors.
and among the effects was All insurance
policy, amounting to $1,000. on tne Steambo
Texas. Shortly atterward the steamboat
was seized for debt. and was about to be
sold by the United States Marshal. Learning
OF this, Mr.. Pike wrote 20 the president OF
the insurance company. requesting to know
whether the insurance policy would continue
in force after the marshars sale.
The president replied that the sale would
not affect the validity of the policy held By
Mr.. Pike. but would still remain in force.
Tive steamer was sold as stated and after
ward lost at sea. Upon Mr.. Pixies pre-
scnting his claim for the insurance. it was
refused on the ground that the policy held
by the firm was a ''wa ger poiicy'-that is
to say, policy held by party having no
interest in the property insureh-an,i that
the sale by the United States Marshal de-
stroyed all rights OF interest held previous
to said sale. The company set up that the
president OF the company was rot vested
with any right to acknowledge the claim of
w. s. Pike, in his reply 10 NJ. Pixies letter
MI. Pike will appeal this case to the Su-
preme Court.
Sixth District CoHrf-Is the City Liable
for n Public School Teachers Salary
During Vacation.
Caroline d. Hubbard has brought suit
against the city of New Orleans 10 recover
the sum Of three hundred dollars, alleged to
be due her for three months salary as prin-
cipal in the public schools of our city, at the
rate OF one hundred dollars per month. She
alleges that she was engaged to teach in the
year 1870 at the rate OF twelve hundred
dollars per annum, and that she was dis
charged on the first of June oi the same
year without cause. She claims salary for
June, and for the vacation months Of July
and August
The city in answer denies that any teacher
OF the public schools, can claim salary tsr
the vacation months. ant thar there is anv
special contract between the city and the
teachers of its public schools
The Judgment IN this ease will be ant to
interest large number OF orr lady readers
Fourth District COWrf-ShaiI the Civ Paw
n Judgment in Bonds OF CURRENCY
In this court is being discussed the CUES
ton as to whether the defendant is to pay
a Judgment rendered by Judge Thrar,i
against her. and in favor of john +. Rust.
in cash or in interest bearing bends When
the case was submitted it was argued we
believe. that the party cast should not ap-
peal from the Judgment, and the argument
was adhered TO.
The question in dispute is, therefore. sim.
ply whether ii was o. was not understood,
in the agreement that the city WAS to pay
in cash.
Judge Theard and the minute clerk. Ma
jor Jack Wagner. both testify that thcv
understood the city was to pay the jnds-
ment i'll cash.
Miscellaneous.
The suit of Moses Fox. suing the cities
of New Orleans and baltimore for an al
legged legacy from John McDonougl, will
come up today for argument before the
Second District Court. The amount in
volved is S300roo. with interest. This is
the old sl,it revived.
The number of bones broken in the Eor-
fish lunatic asylums has given occasion for
a curious scientific inquiry: and it is nov,
asserted that the ribs OF crazy folks are
more brittle than tnn ribs ot' fhe s.pa H.,