New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-06-18
THE COURTS.
Emitted states District Court.


of $751;. amount loaned on the same.
In the bankrupt estate Of Davis & jack
son L. +. GeDeres is recognized as privi-
legged creditor at the rate of 5000 a month
for December, January and February, 1872
and for October and November, 1871, as an
ordinary creditor
1t is anticipated the court viii ljOurn the
coming week
Second District Court.
j. Nolan has sued the succession of Rich
ard Charles for $1,000, as damages arising
from the following alleged facts
Plaintiff rented from the succession in
June, 1869, house on Robert street, which
contrary to agreement, was not furnished
with a cistern, and the only supply of water
was obtained by means Of a lead pipe, which
the lessor caused to be attached TO q cistern
IN the yard of the house next to plaintiff,
and running into the lattel's yard He
AYERS that in consequence Of the waters
being thus conducted through the lead pine
It became iIDpregnated with poison, insO-
much that plaintiff was taken Ill through
drinking it with paralysis, in 1871, and so
remained for about one year, being prevent
ed thereby from attending to his business as
dry goods clerk; being, in fact, for the
most part Of the time confined to his bed in
capable of any exertiOn whatever Further
Hore- that his wife was also and is similarly
affected. Wherefore he claims in the prem
TO the amount of $500.
Fourth District Court.
s. b. Robinson against Myra Clark
'Gaines.-Tbeard Robinson. the plaintiff,
was the purchaser at an auction sale of the
claim of Il. d. Stone, deceased, against
Mrs Myra Clark Gaines for the price Of
Sl2O, the claim being tor whatever she might
owe Stone for professional services per
formed, and is computed at $l27 1864 20, as
follows.
For legal services during four years. 100000 90
FOr fees paid by Mrs. Gaines 10 other
counsel after the discharge or Stone. $4,000 90
FOR dsbursements..........'.... 1854 20
8 III 364 20
Mrs. Gaines has pleaded IN answer:
First-That the plaintiff is entitled to
nothing more than the price paid by him
for the claim sued on, to wit, Sl20, it being
clearly the purchase of a litigiOus right
Secand-That Stone was adjudged bank
rupC on the thild Of June, 1867. Third
That Stone, who was employed by her at
salary of $500 per annum, was more than !
paid by moneys received from her or col |
ieeted without authority from other parties |
for her account. FOurth-That he was dis |
charged by her because his reputation was |
bad he had collected money under false |
preJenses; he was ungentlemanly in his /
conduct toward her; he had been in prison |
TOR malfeasaDce.
The evidence leaves no doubt as to the.
bad reputation of Stone, and Mrs. Gaines |
was therefore well founded in Diminishing /
him. The claim for $25, 600, based on the /
ground that Mrs Gaines subsequently paid
that amount to another counsel, after dis
charging Stone, is consequently refused.
As to the claim for legal services and for
disbursements made by Stone, l at once re
jeCt whatever is anterior to the third of
June, 1867, the day on which Stone awaited
Of ba han 10 bf /
entitled to anything to that date, it belongs
to his creditors. BY not declaring on his
schedule his claims against Mrs. Gaines, if
ne had any, he would have been guilty of
fraud toward his creditors. But / do not
think he had any claims at all.
The evidence herein filed has satisfied my
mind that Stone was employed at a yearly
salary Of $500, and that any subsequent
promise made by Mrs. Gaines was obtained
through duress and fraud. Stone has re
eeived from Mrs. Gaines, among other
items, $500 in a draft and $1,000 in money
from Josiah Cole, one of the parties with
whom he compromised his clients rights.
These payments cover more than the
claim of Stone for the whole period of his
services. He is, therefore, entitled to moth
ing for the period subsequent to bis bank
ruptcy. lie has received from Mrs. Gaines
more than he was entitled to in every
respect.
As to the plea Of litigous right set up by
defendant, / have Overruled iU az Hnlte
ihis, ald / persist in believing that my
iud gment was correct.
judgment for defendant.
sixth District Court.
Cooley, 1.-The city of New Orleans I'M
dertOOk to settle the drainage question in
an adjoining parish, and for that purpose /
the City Surveyor went up and damned up
several bitches in Camp Parapet which
drained large portion Of the country there.
In lieu of these bitches, which would drain
10000 gallons he placed a box capable of
only draining of 2OO0 gallons, and, in con.
sequence, after every heavy rain, since that
time, the lands of the plaintiff in this case
have been overlooked and their crops
ruiRed. The evidence shows that the outlet
placed by the City Surveyor there was i
totally inefficient to carry off the water. A
great deal of scientific testimony has been
given in this case, but the act remains that Il
before the interference of the City Surveyor 5
the cuuntry there was not inundated, and il
afJerward it always is after every heavy (
rain. There must be judgment for plaintiff. 5
The interference complained Of in this suit s
at the time of the Bonnie Care / u
crevasse, when the city authorities being
that the rear of the city T
would be submerged, sent the City Sur D
veyOr with a large force. of labOrers to =
throw up some protection in the rear Of the -
,ity. :,
Dederck VS.. McFarlan, Straight & Co. il
Plaintiff IN this case leased plantation sit p
lated in the parish OF TerrebOnne, to Cook g.
y smith, for three years. Subsequently ! al
Cook Il Smith entered into an agreement Of
with McFarlan, Straight & Co., by which II
he latter were 10 advance money sufficient L,
% raise crops on that plantation for the of
FEARS 1868, 1869 and 1870, and to pay the vi
ent TO plaintiff for said years, with the y,
privilege Of being subrogated to the rights ce
a the lessor. Cook Il Smith agreeing and in
binding themselves to ship to McFarlan, tV
straight & Co, all the crops raised upon y,
,hd plantation during the years above nil
plaintiff sues under this agree OF
nent for the sum $3.50, being the balance pr
a rent due on the plantation to him. The To
9urC considered from the evidence that OF
plaintiff was entitled to Judgment. "a
In the case of Florilla VS.. Pace, Judgment ch
vas rendered in favor of defendant This ia
use arose from the purchase of a mortgage to
tote hg X. Tramontana, in which purchase a
plaintiff was to have an interest TO the Nv
amount of $4,000. Plaintiff alleges that
-ramontana has not accounted to him for an
ms share, and sues the present defendant, mi
Is the widow of TramOntana and WtriN of g
Ter minor children. The court decided nil
hat the evidence showed plaintiff had no
lalm, and Judgment was given for defend
mt.
Seventh District Court. y
john Livingston, an attorney at law of
New Orleans, has filed suit against Z. L i
Norton 10 recover $4,000, claiming that n,
whose rights to certain property in the Fau- les
N..Ir~ Ia est H.