New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-04-21
THE COURTS.
Sixth District Court.

The State of Louisiana, by Simeon Bel
| den, Attorney General, respectfully repre-
| SCENTS that, by the provisions Of the second
section of an act to provide for the paw.
ment or funding Of the floating debt of the
State by the issue and sale or exchange Of
State bonds, approved March l6, 1870, Gov.
ernor Warmoth, the Auditor, James Gra-
ham, and the president of the Citizens'
Bank, John G.. Gaines, said bank being con-
stituted fiscal agent, were jointly cOnsti-
tuted board Of liquidation for the pay
ment and redemption of the floating debt of
the State of Louisiana, Fast due interest
coupons, and past due State bonds, con-
tracted and adjusted in due and legal form
prior to April l, 1870. That said persons.
constituting said board of liquidation, &C.
cepted said trust and agency, and received
and disbursed money and exchanged the
bonds of the State of Louisiana in course Of
/ payment Of floating debt as aforesaid; the
money disbursed and bonds exchanged be-
ing proceeds of sale of bonds Of the State eff
Louisiana and bonds exchanged, issued by
the Governor of the State of Louisiana by
virtue of the provisions of section first Of
the aforesaid act Of the General Assembly
of Louisiana.
Said board of liquidation constituted q
aforesaid during the payment Of the float
ing debt under said law, paid illegally to
Thomas C. Anderson, assignee of one BEN
jamin Well, the sum of $l40,S94 81, upon
fifteen certificates purporting to be State
certificates of indebtedness, all in form,
though differing in amount from the follow
ing copy inserted as part of petition, as fol-
lows: e
AUDITORS OEFCR STATE OF LOUISIANA
New Orleans November %, 1866. )
hereby certify that the State of Louisl-
ana is indebted to Benjamin We'll in the
sum of $7044 IS, for goods furnished the
State according to contract of June %, 1864,
and that the same will be paid as soon q
an appropriation is made by the Legislature
for that purpose.
Given under my hand and seal of office
the day and date above written.
II. PERALTA.
J. MADISON WELLS,
--- Governor of Louisiana.
Further Endorsement: /" Examined and
found correct" j. p. Match, for the Au-
ditor James Graham), and further in
dorsed: "B. Well" Thomas C. Anderson"
That said payment was illegal, I'M
justifable, and without warrant of law or
equity in any particular. That said board,
being individually and jointly the agent
law to the payment of claims legally and
eonstitutionally due by the State Of Louisi-
ana, and adjusted in due and legal form.
That said claim of BENJAMIN We'll never
had the sanction of law, and that said
board, without the shadow of law or au-
thOrity, have Illegally paid the sum above
mentioned. That as agents of the State,
who have transcribed their powers in dis
bursting money and paying said claim,
which said State never owed, they have
made themselves liable to the extent of
money thus wrongfully paid out, and that
the said Thomas C. Anderson, resident of
the parish of st. Landry, is bound with said
H. c. Warmoth, James Graham and John
G. Gaines, for the reimbursement and pay
ment to the State of Louisiana of the said
sum of $l4O,S9 50, which petitioner alleges
they are indebted to the State of Louisiana,
by knowingly making payment of claim as
aforesaid not due by said State. /.
That said State has sustained said loss
through this agency and Thomas C. Ander-
son, who received the money. That they
have made themselves liable personally to
the State, their principal. to the extent of
said loss.
Wherefore, the premises considered petit
toner prays that H. C. Warmoth, james
Graham and John G.. Gaines, all residents
Of the city Of New Orleans, and Thomas C..
Anderson. of the parish of St. Landry, be
duly cited to appear and answer the allega-
lions and demands herein contained and,
after due and legal proceedings, that there
be judgment against them, in solidO, for the
sum of $40 1874 81, with interest at five per
cent from judicial demand till paid finally,
with costs Of suit, and for general relief.