New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-31
THE COURTS.

In the suit of William Golding against the
city OF New Orleans, in the United States
Circuit Court, the question being to collect
the price from the city OF iron plates fur
nished for the reconstruction OF st. Charles
avenue, a default was taken at first against
the city. This was subsequently set aside,
the attorney appearing and filing the
answer. In this the city says she has not
been put in default in the contract, and that
the costs and expenses to which GoldiDg
would be subjected ON completing the work
from Felicity road to TivOli circle would far
exceed the price stipulated and agreed to
be paid him by the city, and for that and
other reasons Golding has suffered no loss.
The United States District Court ordered
that all proceedings which pertained to the
revocation of the discharge of A. S. Mans
field from bankruptcy should be stayed. B.
Bloomfield, Esq, plaintiff in the rule for re
vocation, being himself a bankrupt, and
without assignee.
The cause against the steamship Hudson
was referred to commissioners to draw up a
tableau of distribution of the proceeds of
sale OF the steamer.
The case in the Fourth District Court of
the steamboat Ouachita Belle against Penn,
Pace & Simmons, a suit for freight on GER
tain consignments to the latter, was decided
| by Judge Theard as follows:
The only question which the Court is
| called upon to determine is whether these
nine bales of cotton were damaged on
| board the Ouachita Belle, or whether the
| damage is anterior to their shipment.
The solution of this depends on the evil
| dence: first, as to the character of the dam
| age received by this cotton; and second, as
| to when it must have received this damage
On the first point c. II. Chase swears that
| he bought the cotton at auction as con-
| demned cotton, and that he had it picked,
| and that it yielded six bales sound cotton,
| then leaving one-third of it as damaged
| cotton. His evidence also shows that the
bales in sound condition would have
| weighed about 800 pounds each, and he
| swears that the cotton must have been
| damaged by standing in water, either on
| the boat III her hold, or in the plantation
shed.
On the second point the evidence of
Stokes, the mate. leaves no doubt in the
mind of the court that. previous to the re-
ceipt of this cotton by the boat at Hugh
Young's landing the weather was rainy
and that it was raining hard when they re-
ceived the cotton at the landing.
The clerk of the boat also testifies that
it was wet weather when the cotton was re-
ceived by the boat, and that it was received
during the night. He further says that it
was taken from a shed or old stable, and
that it was standing in the shed and ex.
posed, the earth floor being muddy and
wet.
During the three days that the cotton re-
NAMED on board it did not get wet; none of
it was ever allowed to stand in any water,
nor did any bale fall into the river during
the trip.
These facts show conclusively that the
cotton was not damaged on the boat. Let
there bejudgment for plaintiff
On the application of the Bank of New
Orleans for an Injunction to restrain the
city from removing her fiscal agency from
said bank, a rule nisi has been issued. and
will be heard on Tuesday, February g. pc
titiOners giving bond in the sum of $4,000.
The bank claims that on the tenth of May
they entered into a contract with the city
to act as financial depository until Decem-
Der 3D. 1872, and that by reason Of the az
ton taken by the City Council ON January
%. to provide for the election of Fiscal
Agent, petitioners fear that their contract
will be violated, to their irreparable injury
and therefore pray for an Injunction.
The petitioner sets up the following pleas:
That the action of the Council in the
premises is unjust and in fragrant violation
of the contract of the tenth of May, 1870;
that petitioner is of right the Fiscal Agent
of the city for the whole year 1872; that he
is fearful that majority will adopt the
resolution to GUST the Bank of New Orleans
as Fiscal Agent, and elect another bank,
and will proceed to have the deposit of the
moneys, bonds and notes of the city made
elsewhere than at petitioners bank, and
that thereby an irreparable injury will be
inflicted upon petitioner, unless the Council
and city of New Orleans be enjoined from
taking any tuather action in the premises.
The following is the object Of the iDjunc
ton: That the city of New Orleans and the
several Administrators of the said Council
be cited that the petitioner be recognized
as the Fiscal Agent of the city of New Or
leans until December 81, 1872: that the City
Council be enjoined from proceeding to the
election of Fiscal Agent in the meantime
and that, upon trial, said injunction be made
perpetual.
Motion for new trial in the case of
Weber against Billings having been refused
the defendant, the case stands as when the
jury rendered their verdict in favor Of
Weber,;