New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-05-15
THE COURTS.
United States District COurt-In Bank
rupLcy.

United States District COmt-In Bank.
ruptcy.
It was ordered in the bankruptcy matter
of Charles III. Chase that Z. 3. Norton, as
signee, Simeon Hopkins, Jr., j. j. Eustis,
+. S. Mckay, Charles A. Chase, tutor of his
minor children, the Citizens Bank. William
Rainey, Mrs. A. P. Matthews, wife of Chase,
and her husband and the city of New Or
leans show cause on the twentieth of May
why Felix Larue and Alexander Dufilho
should not be paid by the assignee the fol-
lowing sums; To Felix Larue, $4,000; to A.
Duflho, $4,000; out of the proceeds of sale
in the assignee's hands.
In the bankruptcy matter of Francois
NOuneY, John l.. Sterry's mortgage be re-
cognized on lot No. ia of square No. 6,
being the holder OF note of $1,000, drawn
by the bankrupt to his own order.
3 In the case of j. McCurrad ct ais. against
the steamer Cherokee, time to advise was
taken.
The libel ofD and J. Cooke against the
steamer Camelia, was dismissed and the re-
lease bond cancelled.
j. r. BarrimOre VS.. steamer Pioneer
The court took time to advise.
United states Circuit Court.
Mr.. Justice j. P. Bradley arrived yester-
day and took his seat on the bench, to-
gether with Judge w. B. Woods.
The principal case tried yesterday was
the cotton tie suit of Cook against Beard,
for an infringement on his patent. This
case was continued. Among the grounds
set up in defense, was that the "Open slot "
was not patentable, being in universal use,
and pair of names were filed in evidence,
showing that this slot had been used as a
fastening for ages.
Fourth District Court.
Daniel and j. D. Edwards VS.. George A.
FOsdick ct aI.--The plaintiffs claim from
the defendants $I86 "a for non-delivery of
eleven bundles of iron pipe shipped to
them on board the schooner H. P. Russell,
belonging to defendants. And they also
claim the sum Of $755 SO for loss sustained
by the non-delivery in due season of the re-
mainder of their consignment consisting in
iron pipe and fittings, owing to the devia-
ton of the schooner from her shortest
course from Boston to New Orleans.
The answer says that the defendants
have delivered to the plaintiffs all the
freight shipped to them; that owing to the
rough weather and heavy seas encountered
by the vessel during the voyage the pack
ages containing plaintiffs goods were
broken loose and the goods separated and
somewhat injured as to the order; that all
the shippers at Boston agreed that the YES
sci should proceed to the port Of New York
to finish loading, and in doing so she was
filed up sooner than could have been done
by remaining in Boston until she found a
full cargo.
Judge Theard decided that the plaintiffs
were entitled to judgment for the eleven
bundles" not delivered TO them, and upon
the claim of damages for nOn-delivery in
time, owing to the deviation of the vessel
ruled as follows: The law said that the
master of the vessel, "having commenced
his voyage, must proceed to the place of
his destination, without delay and without
stopping at any intermediate port or de-
WAITING from or iuhH oh
course" Abbott on Shipping, fifth edition.
page AL; 3 Kent, fifth edition, page 209. |
This rule is not without exception. The |
vessel may deviate for repairs to avoid |
pirates; why not to complete the cargo of |
the vessel, if it is Shown that no delay and |
no injury have resulted from the deviation |
That is the question presented in this case. |
The evidence shows that it very often |
takes IL the summer months ten weeks to |
load in Boston. Then the loss of eighteen |
days in New York, where the schooner put |
in TO fill her cargo, and the three or five days
which are lost in going by New York, have |
not rendered that voyage unusually long
The deviation, far from lengthening the |
same, has been advantageous to the plain |
tiffs, for the vessel might have remained |
another MONTH and possibly six weeks, in |
the port of Boston. Nor does the fact that |
the vessel was advertised to sail with dis |
patch mean anything else than she was to
leave as soon as lOdu6us w I'LL us pdDCA
does not refer to any particular time.
That part of plaintiffs claim for dam
ages is, therefore, dismissed, and let them
have Judgment for the amount of the eleven
bundles Of iron pipe which are missing.
Judgment accordingly.
sixth District Court.
The principal event yesterday morning
was the appearance Of the Governor, Lieu
tenant Governor, several Senators, State
tax collectors, assessors, and other officials,
called thither by suit in which the plain
tiff sues the Union League Club for rent of
rooms, alleged to have been occupied by its
members.
In the case of Mary Johns VS.. H. j. |
Brinker, captain of the steamboat Maria |
Louise, in which plaintiff claims $4,000 |
damages for an assault, exceptions were |
argued by counsel for defendant this morn
ing.
/. That the case was already pending in |
the United States District Court, the plain |
tiff having sued in that court for wages, |
medical expenses, and costs of travel com |
ing from Shreveport to New Orleans.
2 That it being a civil case of admiralty |
and maritime jurisdiction, the United States |
District Court alone had exclusive original
cOgnizanCe.
The court, in overriding the exceptions,
claimed that he had concurrent iurisdic-
ton for the amount claimed here in excess |
of what plaintiff sued for in the United
States Court
Edward r. Hogan has entered suit in this |
court against Leonce n. Olivier, claiming |
$500. Petitioner alleges that in February, |
1871, he entered into written contract |
with defendant to construct a twO-stOry |
fancy cottage on the southwest corner of |
johnson and Kerlerec streets, for the sum |
OF $4,000, payable in the manner following: |
FIRST payment, $1,000, when foundations |
areSmade and hrst tier Of joists set; also, !