New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-06
INTERESTING; SUIT IN THE EIGHTH
DISTRICT COURT.
Howard & Simmons IS. the Hew Orleans
PiCayune.

1AB~dsU "a SLt3IIDnS 50 E42e re"
PicRyune.
Joseph P. H6rnor, ESQ, attorney fo
Howard, Simmons & Co., Rled a petition il
the Eighth District Court yesterday; show
ing that the New Orleans Printing and
Publishing Company. an Incorporated body
publishing the Daiy Picoy2sus newspaper
did, through their lawful agents, Living
ston II. Gardner, Albert Baldwin, J. G.
Morris, Samuel Henderson, Z. II. Summers,
| Hugh McCloskey, S. Cambon. John Phelps
I. NJ Simmons, Charles B. Singleton and
John oI. Adams, the board of directors of
said company, induce petitioners to. sub
| scribe for forty shares in the capital stock
| of said company, for which they, the peti-
TONERS, paid down the sum of $500 upon
| their said forty shares of stock, with the
understanding with the president, secretary
! and board Of directors that the balance of
the amount of said stock was not to be paid
unless needed and called for by said COM
pany; that said company, nor any person
in its behalf, has ever yet called upon peti-
TONERS for the balance of the amount of
said stock; but said company, its president
and directors, have persistently refused to
recognize petitioners as stockholders, and
refused to allow them any voice, vote or
privilege as such.
That conditional upon the petitioners
signing for said stock and making said first
payment thereon, it was expressly stipu-
lated that the newspapers, or other
publications published By said compa-
ny, should not contain any article or
articles preiudicial to the interests of
the Louisiana State Lottery Company of
this city, in which petitioners have, and
had at that time, large interest and own
stock therein to a very large amount, and
that the employees of said printing and pub
fishing company should refrain from attack
ing said Louisiana State Lottery Company
and the petitioners in any of the publIca-
tions of said company; that this agreement
was ratified by the said board Of directors
on two separate occasions, the latter time
by the adoption of the following resolution:
ReS0}ved, That the Louisiana State Lot
terry is not to be attacked while it conducts
itself properly and keeps within its charter.
That notwithstanding this solemn COM
pact, it within the past three months has
been repeatedly violated by the said COM
pany, by the publication in the columns of
said Pjcayune newspaper of most violent,
and abusive, and false and libelous articles
against thesLouisiana State Lottery Com
pany, its managers, agents and stockhoId-
ers. This in the face of repeated remon-
stTances from the petitioners
That at a meeting Of the stockholders Of
the Printing Company, on the twenty
seventh of August, 1872, the petitioners
were denied vote or representation OF the
shares belonging to them.
Finally, that said defendants having will
fully ard grossly violated all of their CON
tracts with petitioners; that they have un-
lawfully and unjustly obtained from peti-
TONERS the-sum Of $500 for no consideration
whatever, and unlawfully aud unjustly
retain the same from petitioners for their
own benefit and purposes.
Therefore petitioners pray that the said !
New Orleans Printing and Publishing Com
Dany. through its president, DR.. d. w.
Brickell, and the aforesaid Livingston II. |
Gardner, Albert Baldwin, j. c. Morris, Sam
lei Henderson, Z. H, Summers, Hugh Nc
Jloskey, So Caubon, John Phelps, T. NJ.
Charles B. Singleton and John
{. Adams, be cited severally to appear
md answer this petition, and that after
iue proceedings had, they be condemned,
n.soJido, to pay to petitioners the sum of
$500, with legal interest from the twelfth
f January, 1872; and that they be further
III 8oltdo, to pay to petitioners
ne further sum OF 100000 damages; and
'etitioners pray for costs and fol. general
eIief.