New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-06-26

opened IN TINS court:
SUGGESTIONS of August Grandiean; of
Catherine Lischy, deceased wife of Edward
Lischy; Of Louisa Brown, widow of Bene-
diet Spitzmuller; of Celina Leblanc; OF Mrs.
VictOrine Landry, deceased wife of F. p.
Martinez; of John GOrtz and Of Hubert
Crow
Sixth District Court.
Jeter VS.. Penn.-The whole difficulty in
this case arises from the solution of the
contract TO determine what is its nature;
whether it be a contract of partnership or a
mere contract for the hire of the labor of
the plaintiff as Overseer on the plantation
-Jeter agreed to give his services for a GER
tain consideration. He was to receive out
of the net proceeds of the crop a certain
portion. 1t appears that shortly after the
engagement JeteF fell sick and continued
SO, sometimes being barely able to move
about, and sometimes entirely confined to
his room, This state continued until about
May, when he was discharged by the de-
PENDANT, Penn, the owner of the plantation,
on the ground that he was utterly useless
and could not perform the duty of OVerseer
and superintendent Of the place
ana not at all satisfied about the exact
nature of that contract. 1t partakes of an
ordinary contract and Of partnership con-
tract.
1t is a hybrid concern. / do not think
that the rules applicable to either apply to
this, and must be modified to meet the ext
geneies of the case. But considered in the
Light of mere contract, where one party
gives the labor and the other the pay, the
question still recurs, would Penn have been
justified in discharging the Overseer because
during the time that he agreed to give his
services he became so sick as TO be unable
TO attend to his business
The Overseer was employed for twelve
mOnths-frOm the beginning of the crop to
the end. That contract involves this right
in his favor; That he must be kept at the
business for which he was employed, and
not discharged except for good cause Is
sickness or inability during that time a suf-
nclent cause to discharge the Overseerf 1t
is but natural. We are all subject to sick
ness. Human flesh is heir to a thousand
Ills. The party, in making contract of
that kind, took these into consideration be-
forehand. 1t is understood, without being
expressed in the contract, that the party
who gives his services is liable to get sick,
and the employer took that risk. It APP
pears to me that under the circumstances,
Penn had one right that is very clear.
As deter remained sick long time, Penn
would have been fully authorized to employ
somebody to supervise the plantation dur
ing the time plaintiff was so seriously i'll as
to have been unable to move about the
plantation. But he did not do so. He al
lowed Jeter to continue his own course, he
having his son, a young man of about sew
enteen years, under his instructions, attend
ing to the business of the plantation. This
was to the knowledge Of Penn. 1t also APP
pears that the disease of Jeter was fast |
disappearing, and Penn discharged him at |
the time be PENN was informed by Jeter's |
physician not to do so, as Jeter was fast re- |
covering, and he was about to resume his |
management Of the plantation. Jeter got /
sick while on the plantation.
/ think that deter was improperly dis
charged, and he is entitled to the proper
tiOn allowed him in the contract between
him and Jeter, the proportion to be based
on the amount shown to have been the pro-
drce Of the plantation for that year by the
statement filed by Penn.
Welton VS.. BurtOn.-Thisgis an action for
money claimed TO have been advanced for
the use of the steamboat Ruth. Judgment
for plaintiff.
Seventh District Court.
Willis n. Hawkins has filed petition in
this court praying a writ of habeas corpus,
directed to Captain A. S. Badger. SupeTin-
tendent of the Metropolitan Police, and his
officers, commanding them to
produced before this court the body OF petit
TONER, and that, after due proceedings he
be released from custody and set at liberty.
Petitioner alleges that he is now in Gus
tOdy without any valid warrant or writ of
arrest; that his arrest and detention is
without any just and sufficient cause, and
that the Superintendent of Metropolitan
Police is about to carry him beyond the
limits Of the State without delay.
Judge Thomas Wharton COllens ordered