New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-31
THE COURTS.
Eiahth District Court.

Eighth District Court.
The State of Louisiana ex rel. John &
Ratb has entered suit in this court against
the Louisiana Levee Company, president
and directors, alleging that he is stock
holder of said company, owning, in his own
right and name, 300 shares of said stock, Of
which. in all, 81 900 shares were issued by
said company, so that relatOr was the owner
of one-thirtieth interest in all the assets OF
said Levee Con pany. That some time dur
ing the summer of 1871 the directors and
officers of the same undertook a secret ne
go;iation with II. S. McComb, of Whining
ton, Delaware. and Thomas Scott, of
Philadelphia, Pennsylvania, with the OBJ
.ject of Interesting them in the affairs
Of the company. McComb and Scott,
being unwilling to appear in this trans
action, designated one Wilman to repre-
sent them. The latter, in August, 1871.
entered into a contract with the directors
Of the company by which the capital stock
was to be raised from 100000 to So,
GG0,000. or an increase of -, 900 shares, to
he delivered to Wilman, together with
$50 ,N10 in tie bonds Of the company, VIII
man to apply the proceeds of the sale Of
the bonds 10 the purposes of the company,
and to advance such money as mi ght he re-
CURED. This contract failed in consequence
Of the refusal of McCOmb and Scott 70 ,ul-
ill It's conditions, whereupOn Wiman lett
the State. and has not since returned. All
the stock then issued by said company was
Sle1 per share.
Hatn AYERS that in the meantime A J.
Bricc, vice president of the company. had
issued 73nG0 shares of stock. at 500 per
share, 10 W'ilman, whereof $4,000 shares
have been spirited away by Willnan and
other parties in fraud of the rights OF the
stockholders Besides GO, 900 shares Of said
stock thus illegally issued were placed
in possession OF Governor Warmnth.
Petitioner claims that in consequence OF
this Illegal act and the embarrassment
caused bv these fraudulent proceedings. &
meeting OF certain stockholders was held on
December r., 1871, in order to amend the
charter OF the company. and to place It in a
position to carry out the objects for which
i: had been chartered.
Petitioner AYERS that the twelve directors
then elected induced Governor Warmoth 20
deliver 10 them the said $4,000 shares of
stock in his possession, or the certificates
representing the same, and that they apprO-
priated and apportioned to themselves and
to certain other persons. combining traudu
lently with them in this transaction, having
therefore already Invested, as above set
forth, 1900 shares; also the said G0.000
shares of stock or the false pretence that
they belong to them, whereas, in truth, in
fact and III law, it was really held in trust,
as fiduciaries and agents, by the directors.
as the propeoty of the stockholders. who
alone were, and are, the true and real own
ers of all the assets belonging to the COM
pany, and petitioner owning 900 shares is
entitled to one-third Of said 70, 900 shares
wrongtully appropriated.
Petitioner also AYERS that the said twelve
persons then constituted themselves sub
scribers 70 10000 shares of preferred stock.
I - Il. I u
of the stockholders, without opening books
of subscription.
Wherefore he prays for a writ of man
damus TO issue, directed to John G. Gaiues,
president OF the Louisiana Levee COMPANY
and to the directors thereof collectively. or
dering and commanding them to cancel or
annul the said false and fraudulent receipts !
before mentioned, and to appOrtion and de |
liver TO petitioner one-thirtieth of the $4,000 |
shares SO 10y them appropriated of the ordi- |
nary stock OF the company.
Judge Dibhle has ordered the writ OF |
mandamus to issue commanding a com
pliance with the above, or the defendant to
show cause 70 the contrary on Tuesday,
April 9. 1872.
Crescent City Live Stock Landing and
Company vs.. James Stat
ord.-Sclnmes & Mott, attorneys for this
company, have filed in this case supple
mental anu amended petition representing |
lat since the fling of the original petition
N the fifth Of March, said defendant,
lanes Stafford, has daily violated the char
er of petitioners and deprived them of the
lights and emoluments granted to them by
he same: that he has, since the fifth of
March, 1872, killed d certain number OF
,eeves each day, and has not, in any one
Instance, complied with the provisions OF
petitioners charter.
The company prays that James Stafford
,e condemned to pay them the sum OF
ga $50 fer violation Of first section OF their
harter, Sd 20 and S64 $50 for violation of
bird section. $3.50 for violation of seventh
ection, and $500 for violation OF fifth
ection, making total of $l5i, 4S2 20. il
ddltion to the amount originally claimed.
With interest, etc.
The above mentioned sections of TIE char
er are in reference to killing beeves and
establishing private slaughterhonse: fail
re to land, or landing, keeping and yard
ne cattle anywhere except at the wharves,
tables. etc, Of company, and non-delivery
0 petitioner OF the heads, horns and feet Of
eeves.
The suit for possession of the Office OF
OF State Bovee is decided in
avor of the latter.