New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-20
s1ew Orleans Republican.
agFIcIAL JOURNAL Of the UNITED SIAftS
sFtlcIat JOURNAL OF NEW ORLeaNS
THE COURTS.
I.ri,ed states Circuit Court.

yard ct als.-1ms sult. 10 recover 80
1GG 20 due the Frs. National Bank by
R.a,,r.gard. T. s. Nav and A. G.. Graham.
managers of the New Orleans and Carroll
ION railroad. was called to-day. anG q jury
was selected 20 trV Tie case.
Superior District Court.
On motion of Frank 4. Butler. OF conn;
sc! for John Burke, clerk OF TINS court, ana
IN suggesting 10 the court that. under Inc
provisions of act No. OF the special ses'
Sion Of the legislature creating this court,
IL has exclusive Jurisdiction IL all penang
tuits or actions 10 which The CITY OF New
Orleans is party. or II when sue Is 'ntel'
Psted in an amount exceeding SiVV; anu on
shoNing TO the court that large NUMBER
of the suits Of tie cry against certain
DELINQUENT taxpayers. amounting 10 over
iIO0 snita have been transferred from the
Eourtk and Eighth District Courts under
the provisions Of the act aforesaid; ana on
further showing that the clerk OF this court
has expended much time. labor ana money
in the proper assortment, ming ana Cochet
ing of said suits, it is ordered that the CITY
nf New Orleans, through Mayor Witt,
show cause whv the clerk Of this court
.hould not be entitled 70 demand nifty cents
Tor each and every tax suit commenced oy
the CITY of New Orleans transferred 10
this court, assorted. filed ana Gockete1 by
said clerk, the city 70 recover from Tue
delinquent LdApdye1' az So7'7' s
allowed. a, a.,
After examination Of witnesses, Mr.. But
Ter subluitted this morning, the rule which
was made absolute b. Judge Hawkins.
Second District Court.
Openinp of SUGGESTIONS The .uccessions
of Charles w Wilson. +. w. Albert and
Anna Albert, his wife. and Matthias Boeh-
lert have been opened in this court.
On the opposition of j. '. Gourdaln,
mortgage creditor of EveIine Garter, wldow,
the account and tableau of distribution OF
tho assets in the succession OF said Eveline
Carter, presented by Phil. Mckenna, tutor
of the minor children OF the deceased, and
as such administering rs succession, Juug6
Tissot has rendered decision ordering that
there be Judgment dismlssing the Oppose
ZION as TO the claims OF Jonh - bycl'
IIambias x Dockter, Mrs. james Buchanan
and Antoine Huber, which are malhtdlne1
as nlaced on the account, and further main
tanning it, in 80 tar az to dlsallOw the
homestead of $1,000 allowed the chlldren
therein
Judge Tissot, in this decision, maintains
that the homestead can not DE TAKEN oau oi
the separate and distinct properly VI the
wife but from that of the husband.
Fourth District Court.
This is a case tor the release from lmpfls-
onmept of Louis Platter, arrested by Otl-
forgery. committed IN 1870.
The petitiOn alleges that The emdavlt
made against said Plattez is null and void,
because it does Tot specify the amount of
the otfense.
Il is also alleged that the prosecution is
prescribed, having teen committed over a
year ago.
After argument by counsel for plaintiff
and the district attorney, Judge Lynch Or
dered that the prisoner be remanded TO
prison for trial before the Criminal Court,
az he had no right 10 90 into the merits OF
the case. =,
On Tuesday Judge Lynch rendered the
following decision:
f. Naruueze &, Co Va. Cragin q Fisk
This is an action by the plaintiffs, whole
sale boot and shoe dealers IN the city OF
New Orleans, against George ID. Crag'n, OF
the city of New York, and .. T. FISK, a
resident of the Parish of TerrcbOnne, who
.-composed the Late firm of Cragin & Fisk,
doing business as merchants and sugar
planters at Terrebonne Station, and an the
Dulac and Magnolia Grove plantations, III
the said par sh Of Ttrrebonne.
The petition urges that at different times
during the year 1871. the said Marquee n
CO.. sold the commercial firm above named
certain goods wares and merchandise, as
set forth in accounts annexed to their petl-
zion. to the amount Ut Si@O9 % There Is
also the avermeut Of an amlcablc demand,
and refusal of defendants to pay.
GEORGE ID. Cragin, one OF the defendants,
denies any Indebtedness or liability IN the
premises. He admits that o. =. Fisk was
his ordinary partner in managing the Dulac
and Magnolia Grove plantations, but denies
that he was mercantile partner or Lad any
authority to bind him III any manner what
ever, except for the necessary supplies 10
make and market a crop, aud when he
found that Fisk was carrying ON supply
l., all .l
them up, and sold ont the stock, for which
he received $500 in money and notes.
Cragin further answering, says, that
WAX pract C "a a fraud upon the people,
and was faithess, and imposed on INN ;
and now, that plaintiffs ind they can not
make the debt out OF Fisk, they seek TO
make il out of respondent; that by the
terms of the agreement between them no
dchts were to be created, but Fisk was to
draw on Cragn, in New York, for funds
necessary for the working OF the planta-
tious; that Fisk acted toward him II bad
faith, ami caused him great damage.
The evidence shows that goods and mer-
chandise to the amount OF Sl209 - were
sold and delivered by Marquee Il Co. TO
the firm of Cragin Il Fisk: that Fisk kept
two stores one on each plantation; that IN
those stores he sold goods and merchandise
20 the laborers who worked on the premises,
and some to the public at large; that son
~,
of the stores referred TO: that Cragln broke
ND the said stores, sold their contents, and
received for the same the sum OF S3JUO III
cash and notes. Stores are very frequently
established on plantations N this State Tor
the convenience hoth OF the planters ana
their workmen; these are necessary as a
means of efficiently cultivating the crops
From them are furnished clothing and
npcessaries 70 the laborlng men, thus pre-
venting the loss Of time and other lncon-
yeniences which would arise from the pur-
chase of the said articles by the consumers
AZ distant village or town. as well as CIV
ing credit to a class OF poor men who gen
orally have no money 10 pay at time when
they need supplies for themselves and theil
families.
The written contract of partnership be
tween CraCin and Fisk is in evidence. 1t
is silent IN regard 10 supply stores. era
gin contends that Fisk, III conducting
those stores engaged in a private specula
ton, entirely foreign TO the business OF
planting. and that as the manager and
owner of the same lie could do nothing IL
bind the respondent.
Ii may be that Cragin and Fisk did not
deem themselves partners, either expressly
or implicitly. in the stores III question, yet
such persons are often held partners as to
third persons and this appears to be one
of such cases. Griffin VS.. Boudousquie, Is
An. OBI; Story on Partnership, sections %
and 1913. ) La. 400.
The defendants were commercial copart-
ners. because their Copartnership was
formed for the purchase OF persona! prop
erty, and the sale thereof, either in the
same State or changed by manufacture.
I. {. Art. 2S15
Cragin and Fisk are shown by the evil
dence to have contracted debts in COM
lnerclal business, partners; they are.
n