New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-27
THE COURTS.

In the matter of the Bank Of Louisiana,
in bankruptcy, the United States District
Court yesterday ordered that the assignees
pay to Caleb Gushing $1,000, provided he
accept the same in full payment OF all
claims for fees in the matter Of Mrs. Sarah
Williams and Thernhili Il Co. against the
bank
Judgment against Mrs. NJ. Aucoin for
$3.50, with privilege, on the furniture OF No.
so Cont street, was final on the nineteenth
instant.
The grand jury was discharged, to meet
on the ensuing Thursday, no quorum being
present.
The order of court distributing the pro-
ceeds of the sale of the steamer Rob Roy,
amounting to $l375, was final on the
twenty-tOurth instant.
The steamship Hudson is ordered to be
sold and the proceeds deposited in the
registry. The judgment was signed on the
twenty second of January.
In the United States Circuit Court, .judg-
ment was given in favor of plaintiffs in the
suit of Payne and Harrison against Charles
j. Hester a suit tor the recovery OF $44,OOO
in six notes. secured by mortgage. Judge
Durell decreed that plaintiffs, Payne and
Harrison. in liquidation, do have and re-
cover from the defendant, Charles j. Hes
ter, the sum of $4,000, with eight per cent
interest on $50 900 from December II, 1860.
and like interest on $22, 900 from December
y, 1861, till paid; $500 cost of protest,
$3.50 lawyers fees and costs OF suit. with
special mortgage privilege upon the prop
erty mOrtgaged. 1t is further ordered that
the property be seized and sold, and the
proceeds applied to the satisfaction of this
judgment.
In the. Sixth District Court, the case of
Michael Muller against II. l.. Stone and
Willoz, for $4,000 damages, the jury gave
verdict for $500. The suit was to claim
damages for the use by the defendants Of
steam boilers and engines at Nos % and 25
Fulton street. whereby the buildings were
shaken and injured The first suit being
tor an Injunction. Judge Dibble referred it
for decision to jury, who brought in the
award.
An angry alteration, without serious re-
suits, took place between two gentlemen OF
the bar yesterday.
Judge Theard yesterday decided the case
of the Peoples Bank against John +. Col
bus and John +. Casey & Co. Colbus drew
two checks on. the Peoples Bank, one of
which was for 1920, payable to bearer, and
Endorsed by Casey & Co. These checks
found their way to the bank, and were duly
honored. On the day the checks were filled
out, Casey & Co.. at the request of Colbus,
who said he had Overdrawn, and wanted to
make his account good, gave COlbus a check
for $3.50, which the latter deposited in the
Peoples Bank. In the meantime, Casey &
Co., finding out that Colbus was insOlvent,
stopped the payment of their check, which
was on the National Bank which check was
accordingly protested. Hence the suit
against both defendants by the bank, to
make the check good. Upon these facts
Judge Theard decided in favor of plaintiff,
ruling that both defendants were liable. as
follows:
As to COlbus. the law is plain. 1t is very
common for depositors to deposit checks
with their banks and to draw against them
on the same day checks of their own, which
may be presented for payment before the
bank has had an opportunity to collect upon
the deposited checks. In such cases banks
are frequently wont to honor such checks
of their customers upon the confidence that
the deposited checks will be duly paid.
(See Morse on Banks. page 1861 The hour
at which the checks are deposited is imma-
terial. If they are not paid the depOsitOrs
must make their accounts good. SO Colbus
is liable.
AS to John f. Casey & Co. the law is
equally as plain. Ii check has been de-
posted in a bank by customer who has
had credit given him for its amount, and
whose checks against this credit have been
hOnOred. it is equivalent to payment, and
the bank is the holder Of the note for value
and stands with all the rights custOmarily
appurtenant to the holders of mercantile
paper under the like circumstances. (See
Morse on Banks. page 3l9.j So John +.
Casey & Co are clearly liable.