New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-01
St. Charles Theatre.
THE COURTS.

THE COURTS.
The following proceedings took place IN
the United States District Court yesterday:
Bond in the suit of the Harbor Protection
Company against the ship Vancouver has
been fixed at $4,000.
The steamer Enterprise is to be sold BY
the marshal after five days advertisement.
William A. Malabre has been admitted to
practice.
An appeal has been allowed in the suit of
Thomas Groom against the steamer Carrie
Thorne.
Sheriff Sauvinet is to show cause, on the
third of February, why the order OF the
twenty seventh of January. dissOlvlng the
Injunction in the bankruptcy proceedings OF
Grouchy against Heer, should not be va
Gated, and the writ reinstated.
The suit of Martin, Cobb & Co, against
T. S. Coons, transferred from the Thirteenth
Judicial District of Louisiana to the Circuit
| Court of the United States was a suit for a
promissory note of $2l 40 10. The defend
| ant at first set up that the suit should have
| been brought for settlement on an open
| account inasmuch as he had maintained
| running account with the plaintiffs IN the
cotton tactOrage business. subsequently
| the defendant said that the note sued on.
| from the fact that he had been in the habit
of giving his signature in blank to the
| plaintiffs, was made in error. and without
| consideration, and he prayed to be allowed
a credit for payment made by Anderson,
| who was debtor of Coons, which, If
| allowed would show balance to his credit
| of over $1,000.
The Jury gave a verdict against the de-
| PENDANT for $20.S62 90, and the same was
| recorded.
Judge Theard. of the Fourth District
| Court. Yesterday decided a rule to dissolve
all attachment on the property or john
Pearce, in the suit against him by Theodore
Harris in favor of plaintiff in rule, on the
following ground: :.
That Carl Kohn, by whom the affidavit
was made TOR the purpose Of obtaining said
writ. had not at that time, power to repre-
sent the plaintiff, nor legal authority to
make said affidavit nor sign the bond.
The Judge thought that Kohn could not
make the affidavit for the writ. Plalntlff
sent to Charlaron, cashier, authority to act
as Agent, and afterward ratified the act OF
| Kohn in making the affidavit to secure the
attachment In deciding against the capac'
| ity of kOhn to make the afhdavlt tue } uuSe
reasoned as follows:
| Necessarily therefore a bank can not be
agent or attorney in fact. A bank, like any
| other corporation, acts only through It's
| agents or representatives An agent at-
! thorized to act tor another must be capable
of acting personally. because he can not
delegate his authority to another.
As bank can act only through It's agents
| and representatives. it could not execute a
power of attorney otherwise than by dele
| eating it's authority, which the law does
not allow, except in those cases in whlcl
| the right to delegate is conferred by the
mandate.
| l. follows, therefore. that the power OF
attorney to James Chalaron. cashier, can
not he construed as power OF the bank o.
| which he was cashier because of the absO
lutte incapacity OF the bank to fulhll any
| Office of personal trust. And as it was not d
| power to the bank, it could not be exercised
| bv its president rirtrte otcii, but was re
stricted necessarily to James Chalaron. the
person to whom the mandate was adj
| dressed.
While the rule vas on trial l held that il
was competent to prove that the preslden
could execute an order addressed to the
cashier of the bank, they being both the ex
ecutive officers OF the corporation. But thl.
must lie understood as relating to the bust
ness of the bank and tine matters which i
can perform.
The action of Kohn was not ratified b.
the subsequent letter, because an attach
ment must stand or fall, according to thu
state of facts existing at the date OF its Issu
ance, and can not be cured by subsequen
| event.
In the Third District Court the judg
ment of a justice of the peace against thu
Southern Express Company was atfirme.
as against the company. The plaintiff
who is a dentist in this city. visited a sta
ton on the jackson railroad, whence III
shipped his case of Instruments to plac
called Chatawa, per Southern Express.
seems that the company had no agent a
Chatawa, and consequently the case of in
struments was forwarded to the station
next beyond DIR. Knapp aver
that after awaiting the arrival of the i'll
struments at Chatawa, and not receivin!
them, he came to the city, where in til
course of forty eight hours they were re
cpived bv him. He thereupon entered sui
against the company for loss of time, tele
graphic expense, and deprivation of busi
ness gains which would have arisen had h
promptly received his instruments, and lai'
his damages at S5C.
In the Eighth District Court, the trial o
the case OF Foy against Feehan, coffee
house keeper in Algiers, for damages III re
fusing the petitioner refreshments, Feeha1
alleging he did not refuse him, but said h
would afford him drink for S..