New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-06-13
TnR COURTS.



Fourth District Court.
The Barataria and LafOurche Canal Com
pany No 2, and John G. Robertson have
hled q petition in this court, praying that
The Louisiana Canal and Improvement
Company and Ed KnOwlton may be com
manded to restore to possession Of plaintiffs
the property known as the BaTataria and
Lafourcbe canal, alleging that in the latter
part Of the year 1870, plaintiffs were APP
preached by persons purpOrting to repre-
sent the defendants, with proposition to
lease all their property; that the pretended
company was represented by 9. L. Laugh
lin and others, who cOnspired, by means of
fraudulent representations, to effect lease
for thirty years of the Barataria and La
4Ourche canal.
They set forth that the Louisiana Canal
and Land improvement Company was a
strong and solvent company; that they had
a charter from the Legislature granting
them large and valuable privileges; that
they had strong hackers in Europe, who
were anxious to take a large interest in
their company, and were DESTROYS of closing
the lease with plaintiffs for term Of thirty
years; that their friends and capitalists in
Europe have control of a capital of $780,
100000, and would put in all the money
necessary to complete the canal from the
Mississippi river TO Berwick's Bay, and
make it sufficiently navigable for steam
ships, and within twelve months after
the signing Of the lease. And in. order to
,effectually impose upon and deceive the
directors of this company, Laughlin and
others exhibited pretended letters from
A. p. Chamberlain, of London, and
others, their cOnfederates and cOpartners
in fraud, and in these letters promises Of
unlimited aid to the so called Louisiana
Canal and Land Improvement Company
were made, urging Their eonte,d ite
Laughlin and others, to erect lease by
all means, and by Laughlin and others
Chamberlain was vOuched for as man of
immense influence in monetary circles, and
a capitalist of large means; that he was
well acquainted with the enterprise, and
that European capitalists both IN England
and the continent, we're ready as his assist
ants 10 take the lease with the company,
and advance all the money necessary to
complete the canal as aforesaid. Plaintiffs |
claim that in truth the bogus Louisiana
Canal and Land Improvement Company
had no charter from the Legislature
They allege that, through the means |
above used, plaintiffs were induced to make |
the lease as stated, December 2, 1870 and |
now they claim the restoration of the prop |
erty and the annulling Of the lease on the |
following grounds:
Because the same was obtained by fraud |
and deceit; because b. K. BallOu had no |
lawful authority to lease the property of /
plaintiffs; that there was no notice to the |
y
put out of their control, and that they had |
no means with which to carry out the i'm
prOvements as promised, had no hackers in
England and neither through Chamberlain
nor any one else could control a dollar of |
European capital.
That said Laughlin and others knew these
things when they deliberately and falsely
represented them to plaintiffs, for the puR
pose of fraudulently obtaining possession
OF all the rights, privileges and prospects
OF the company, for the space Of thirty
years, for their own benefit ard specula-
ton, but chiefly for the benefit of Laughlin,
who was the only responsible party con
neeted with the sO-ealled company. That
as the charter Of the company viii expire
in 1884, when it is to be put in liquidation,
the company had no power, either through
Il. r. BallOu, its directors oreven its stock
holders to pass Its property out of its con
troll for q period Of thirty years from 1870.
It appears that under a Judgment Oh
tanned in this court some time ago in the
cause entitled j. Mclaughlin VS.. the Lou
isiana Canal and Land Improvement Com
pany, the property of the company was
advertised to be sold to-day. Coupled with
this petition was prayer for an Injunction
to restrain the Sheriff from making sale.
which being granted, the rule will come up
on Thursday for trial.
Maignan & Laborde VS.. A. G. Pierpont g.
Co.-Before a jury, in this court, on Tues
day, was tried this case, which presents
some questions of interest to the general
business community
Some time ago defendants entered into
compromise with their creditors, whereby
they were to obtain full release from all
claims by the payment of fifty per cent of
their indebtedness. They accordingly paid
all their creditors but one, who insisted
that he had not been party to the COM
promise, and therefore he refused to settle
on the basis proposed To the debtors as
sertion that his "bOOk-keeper was present
and agreed to the arrangement" the credi-
tor asserted that the bOOk-keeper was not
to act for him.
The claim being small, defendants, rather
than take the chances of a litigation, de- !
termined to pay it in full, and supposed the l.
matter at an end. But the sequal was
furnished by plaintiffs in this case, who /
were Of the creditors accepting the COM
promise. After hearing Of the transaction
above recorded, they Immediately filed their
claim to be paid in full, alleging that as the |
consent of all the creditors had !
not been obtained to the offered settlement,
bis agreement was not binding, and upon
refusal of defendant to aecede TO his de- !
mand, he entered suit as stated, when on
the trial, the jury, after a short deliberati0n,
verdict in favor of defendant
Fifth District Court.
The damage suit waged by George E.
Bovee, ex Secretary of State, against F. j. !
Heron, the incumbent, Governor Warmoth |
and others, in which $4,000 damages were
claimed for his election from office in the !
way whereof the whole world knows, was !
.ried yesterday before jury '
The case being heard until a late hour, =
was continued over until to-day. :
Sixth District Court. '
Jack Wharton vs.. Crescent City Slaugh- b
.erhoase COmpany.-Plaintif sued the com t