New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-16
THE COURTS.

In the case Of the Canal and Claiborne
Street Railroad Company VS.. succession OF
John Armstrong, Judge Duvigneaud, of the
Second District Court, has delivered the
following interesting opinion:
The plaintiff in the suit claims frOm the
succession of the deceased the sum OF
$9479 50, with legal interest thereon from
December 3, 1870. for this: They allege
that John &. Campbell. formerly of this
city. was the duly appointed secretary OF
the said company; that his duties as such
were. among others. to receive and receipt
for all moneys belonging to the company;
that on September 10, 1867, the said Camp
bell did execute and deliver to the company
his bond, with John Armstrong and w. f.
Fulham sureties, wherein the said sureties
bound themselves in solido for the true and
faithful performance, by the said Campbell,
of the duties appertainlng to the said office.
That the said Campbell, in the perform
ance of the duties aforesaid, received and
disbursed large sums of money, and that he
has failed to account for and pay to the
company the sum Of $9I19 IS; that Camp
bell has fled from the city, and that his
| wherea bouts are not known to the company,
| who instituted suit against him by attach
ment III the Fourth District Court, and have
| obtained a judgment against hun for the
| amount claimed, viz: S.iSU9 65; that they
have caused the property attached to be
| sold that the property thus sold realized
| $3.50 10. leaving balance of S9419 80, for
| which the surefies are bound,
The only serious defense made by defend
| ants is that the deceased armstrong; was
| not bound as surety on the bond OF Camp
| bell. inasmuch as there was no amount
mentioned in said bond Tor which the sure
| ties were liable.
The court says:
| The bond given by Campbell is con-
ventional and not judicial one ; it is the set
| tied Jurisprudence of this State, and in all
countries governed by the civil laws that
an indefinite suretyshIp may be given. and
| when given ii exists 70 all the accessories
OF the principal debts, even to the costs.
| The surety may bind himself, not only
| for present and certain amount. but for a
debt of an indefinite and uncertain amount,
| thereafter to be contracted by the prlncl
pal Burge on suretyship, page 9.
| This bond might have. been prepared
| with more certainty, but the intention oi
the parties is clearly shown, and such con.
tracts. according to La Science 6es NOtdi'es
page 10l, is not subject to any particular
| form. This principle is also found in the
artidas, and has been recognized III Oul
| jurisprudence, THAT, IL whatever manner 3
person shall appear TO have deemed Ii
| proper to bind himself toward another. 1t
| shall remain bound" Judg Inent for plaintiff
In the case OF Leon Levy vs.. Wood, Mat
| thews & Co, III which plaintiff claimed
damages under a writ or attachment, al
legged to have been illegally obtained. and
| atterwird dismissed, Judge Theard, OF the
! Fourth District Court, L!, rendered deci
| sion as follows:
IN this case. the court considering tina,
this is IA suit brought against the suretie>
Oh the indemnity bond, and consequently
the defendants are innocent parties aut
| although the plaintiff is entitled to some
damages. the same should be reasonable
| owing to attendant circumstances. The
damage established seems to be the S25t
| at which services Of counsel are estab
lished.
Considering that in selling the goods
| after they were released, undue haste was
used, and if the plaintiff had not been il
SO great a hurry he might have obtained
a much better price.
Furthermore. the value Of the goods wa
not decreased by keeping in storage. but
on the contrary, the whisky improved by
| age, and therefore the sum of 5000 would
perhaps be reasonable damages.
Judgment for plaintiff for 500.
Seventh District Court.
The heirs of the late John Slidell hav,
| entered. in the Seventh District Court, OF
! "Wednesday. two more suits against parties
at present holding the property to recove
possession of certain lots of ground
Beckett and Edouiu, the inimitable come
dians of the Thompson troupe will be til,
recipients of benefit at the Academy o
NIuisic on Saturday evening, the last appear
ance OF the company. An immense bill
will be offered.