New Orleans Republican., 1872-05-02
TaE COURTs.
Fnur,h District Court.

| cufiou docket for the issuance Vi Lne HeIl
| facias, and that the tax is unconstitutional
Judge Theard gives in the following case
! his reasons for decision:
Clement Camp VS.. Metropolitan Loan,
Savings and Pledge Bank of this CITY,
This is an action for the recovery of $780,
claimed by the plaintiff for services rem
dered by him during the period of four
months as general business manager of the
Metropolitan Loan, Savings and Pledge
Bank of this city, and for arrangement,
liquidation and settlement of the affairs,
debts, etc, Of said bank.
The answer is a general denial.
From the facts disclosed by the evidence,
it appears that during the whole time for
which the plaintiff claims a remuneration
he was the president Of the bank. He
rendered services Of different kinds. He
controlled the affairs of the bank, he super
intended the loans effected by the corpora
ton, he even assisted the employees in their
clerical duties-in a word, he not only per-
formed all the duties which generally at
tach to the office of president of a bank
but often assisted the clerks and acted for
them.
The defendants, however, refuse to pay
for the services so rendered, because they
contend that the presidency of the bank
was not salaried office, but simply an Of
flee of honor and trust.
The affirmation is not sustained by the
evidence; it seems simply that the general
understanding was that the president would
receive no pay; but there existed no posi-
tive agreement to that effect. On the con
trary, it is clearly shown that the plaintiff
often complained that he was getting no
pay, although devOting the whole of his
time to the welfare Of the bank.
And here it strikes me at once that dis
tinction should be laid down.
A president, acting as such with the clear
understanding that his office is one of honor
and trust only, has no cause of action in
law against the institution over which he
presides, nor is the corporation under any
moral obligation to reward his services,
however meritorious they may be.
But the president of corporation, whose
charter provides specially that the board of
directors shall fix the amount of cOmpensa-
tion of all its officers, clerks and employees,
although there be no understanding be-
tween him and the corporation as to his
salary, has a reasonable right to expect one,
and a just cause of action in law to recover
the same. Memo fdciLe pTGsfmitur'' ''dORGre.
Now, this last hypothesis is the very case
of Mr.. Clement Camp, the plaintiff in this
suit. The charter of the defendants made
it their duty to fix the compensation of all
officers and employees of the bank. Plaintiff
was either their president or one of their
the evidence, he was president of the bank,
and l think there is no doubt that he was.
If, on the contrary, owing to the omission
of Mr.. Camp to furnish his bond as presi-
dent, he considered himself simply as an
emplOye OF the bank, then he was its act
ing president, or, to use the language of
his petition, its general business manager.
in either case he is entitled to remuneration
for his services.
"a
which leads me to the same conclusion.
The directors were often informed by Mr..
Camp of his intention TO claim cOmpensa-
tiOn for his services. They did not deny
bis right to it, Their silence is recUg-
nizance Of the Legitimacy of his claim,
which, after all, is quite reasonable, cOnsid-
ering the services rendered.
For these reasons let there be jud dgment
for plaintiff as prayed for.
Sixth District Court,
Mary Johns, late chambermaid of the
Red river steamboat Maria Louise, sues H.
J. Brinker, captain of that boat, for $4,000
damages, for maliciOusly beating, bruising
her, etc, with his fists and with a lump Of
coal, while the boat was lying at Shreve-
port, on the twenty-fTst ultimO. Plaintiff
also demands $232 so for medical expenses
1t appears that the plaintiff and the nurse
maid of Captain Brinker were disDuting on
a.,
the result being the alleged assault.
Seventh District Court.
On the arrival of Judge Collens yesterday
the room was found in an inextri-
cable confusion, which some of the en-
plOyes had brought about as joke on the
keeper The matter ended in the keeper
being ordered to set things to rights
Eighth District Court.
Matthew HOdkinsOD, who resides in Ma
rietta, in the State of Ohio, and Samuel and
Thomas d. HOdkinsOn, of Louisville, in the
State of Kentucky, all doing business as
partners in said city of Louis
7ille, under the name and style of NJ. Il S. !
1odkinson, have filed a petition in this
'Ourt praying that Francis Brown 81 Co.,
T. Carley, - Chep, of Indiana, and -
Jhep, Of Kentucky, individual members of |
aid firm, be condemned to pay petitioners |
he sum of $4,000 damages, with interest |
rom Judicial demand and costs.
Petitioners are manufacturers and deal |
RS in coal oil and the various products of |
III rock, or petroleum. They claim to have
ydOpted as a trade mark the word ''Vir-
,inia," which has been used by defendants
q violation of the rights of petitioners, and
or the purpose of deceiving the cOmmuni
y, etc.
George William Bate and Margaret
} 'ROrke, his wife, have entered suit in this
Ourt against the city of New Orleans.
laimiDg damages to the extent of $25 600
II account of the death of their child.
7hich was OceasiOned by the gross negli-
ence and Carelessness of the authorities of
lew Orleans.
The facts Of the case are as follows: On
he tenth of February, 1872, Margaret Jane
'ate, a child of petitioners, aged six years
nd two months, being on the wharf at the
Dot of Jefferson street, near the Star Line
teamship landing, in the Second District of
lis city, in the company of her sister, and
nder the guardianship of a young man
amed John G. Miller, aged twenty-five
ears, was drowned by falling through
reviee or hole in the planking iB the wharf
the place aforesaid into water ten to four
zen feet deep.
This action is based on the ground that
be city, having under its control and man
cement the wharf, streets and landings,
bound to keep the same in a state and
ondltion of good and proper repair, not to
ndanger human life.
John II. Bowen, has filed suit in this
Ourt, praying that writ of mandamus is
ne, directed to Auditor Graham and com
landlng him to issue to applicant warrants
pom the State Treasurer and certificates
1 Indebtedness in exchange, settlement
r payment of warrants and vouchers TO |
le extent of 1868.
DIartinetti-BaveI Troupe.
The Martinetti-Ravel pantomime roupe
ave another grand performance to a large
nd brilliant audience at the St. Charles
st evening, aud fully sustained the repu-
tiOn they had earned for themselves on