New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-16

GUST respondent and defeat him in the en-
Joyment of his lease, whereby he has suf
tered injury to the amount of $500. for
which he asks for Judgment in reconven
hon. The latter suit, by order of the Fifth
District Court, was transferred to the Sew
enth District Court to be consolidated with
the former suit, and thus consolidated, both
have been transferred to this court. On a
rule taken by Orleac, the provisional sez
| ure was set aside.
The pCOmissory notes above referred TO
were not made the basis of plaintiff de-
| mand. and were not offered in evidence.
On the trial of this cause plaintiff couh-
| sci filed motion that the claim LOT rent
| herein made be 80 far modified as to cover
| only such rent as may be due when delenu-
| ants surrender possession of the premises
| now occupied by them, and owned ny
| plaintiff and for that purpose. ana 10 that
| extent il was ordered that remission vi
| plaintiffs claim be entered
| The evidence shows that prior 10 the
I fourth of June, 1872, the defendants had
repeatedly failed to pay their rent when 1t
| became due, and on that day written de
mand WIS made by Schwarz on them to
| vacate the leased premises, and deliver
| possession of the same to him. Ihere are
| several small temporary wooden houses on
| the property. The lessees disagreed and
Guarreled with each other IN regard to the
| collection and appropriation or the rents
| collected from the sub-lessees, by whom
| those tenement5 were occupied. None of
the rent notes given by the defendants
were paid punctually when due at the bank
at which they were deposited for collection.
The plaintiff cautioned the defendants re
peatedly on failure of the latter to pay the
installments of the rents past due: that
their failure to pay would oblige him to
take legal steps to compel them to vacate
the premises IN question. More than a
dozen times fruitless demands were made
upon them for the rent. They failed also
to pay the taxes according to their agree
ment, and SchwarZ. to avoid litlga ion
with the authorities Of the State and
city, was obliged to pay the taxes him
self. When Oh the fourth of June, 1872,
the suit for rent was instituted, the defend
ants were indebted to plaintiff to the
amount of sos So, including 1894 80 taxes
of the year 1871. TO this is to be added
$3.50 rents for the months of July, August,
September, October November and De-
cember of the same year, and the months
of January, February and March, 1873,
making altogether $2958 s.. Through A.
Muller, the agent appointed to collect the
rents of the defendants from the sub-lessees,
the defendants paid during the same period
of nine monthg $260l, leaving due to plain
tiff on the first of March, instant, balance
of 1857 55.
have been very careful in my examina
ton of this case to discover any well found
ed defense to the demands of the plaintiff,
but have not been able to find any. In
fact, as | have already stated above, one of
the defendants, Prados, has allowed the
case TO go by default as against him.
Schwarz has fully proved the correctness
of his claims when these suits were ini
tiated, and has shown that though since
then the defendants continued to pay him
moneys which their collector Muller, had
received from the sub-lessees, the defend
ants are. nevertheless, owing the plaintiff
S}51 50 at the present time.
OrleaC claims in recOnventiOn in one OF
the suits $1,000. In the other suit his recon
ventional demand is $4,000, all for damages
growing out of the alleged tortuOus and
wanton acts of the plaintiff. What are the
acts that have injured this lessee In the
sum of $500! | find no evidence of any
act on the part of Schwarz that has caused
damage to his lessee Orleac. The acts
of the plaintiff in the premises are sim
ply these: He leased his property. he
tried to collect his rents, he failed to do
so, he manifested cOmmendable patience
and forbearance toward the derelict de-
PENDANTS, who seemed to have labored un.
der a chronic inability, or invincible IN
willingness TO pay the rent for which they
had stipulated. He finally went to law,
and after having commenced legal proceed
ngs, he sued out a writ OF provisional selz-
lrP, and the said square of ground was
held by the civil sheriff for four hours there
under. To he sure the seizure was after
ward set aside by the court, and that, pre-
sumo. because the writ was unnecessarily
Or improvidently issued. But there is no
IN hp hot
able the seizure may have been under the
aw, it worked Orleac any appreciate or
injury. The defendant being asked
at the trial to state whether he was injured,
and to what amount by the provisional
seizure of the property leased by him, says
le was damaged in a large amount. Being
asked to state in what amount he considers
himself damaged by the proceedings IN this
litigation replied Il can't tell you; before
hat | could raise money; but since then
amt raise So And again he says: at
,ook away my credit" His place Of bust
ness had been closed for only four hours.
He takes in sometimes about 500 day;
sometimes he makes no profit at all; some
lines he makes $40 profit in day. He
axes in an average of S35 day. He says
hat "a portion of the premises were rented
Dy Muller to persons who We're running
to him, in the very premises
l.
some 5000: his average profit per day not
more than S. or s.. Muller held written
from Prados and Orleac to
collect rents, and manage the property for
hem. Orleac can not say that his agent
Muller could put i'll tenant to
to compete with him IN his business, for he
could have dismissed Muller from his
agency any moment. The unconventional
demands of Orleac, | regard as pureIle and
eauseless
The plaintiff asks for judgmen: against
the defendants in solido. This | can not
grant. The defendants are bound. each
only for his virile portion.
For these reasons let there be Judgment
'or plaintiff for the sum Of S357 50 balance
IF rent now due. and for the sum of
Sl3il 80, amount of taxes for the year
1872, reserving to plaintiff the right to sue
or any rents that may become due here
after; let the lease herein be annuled and |
'escinded. and the defendants deliver TO |
plaintiff the possession of the premises |
lfOresaid, the defendants 20 pay all costs, |
Except those of the provisional seizure,
which are to be borne by the plaintiff. Let |
he unconventional demands OF the defend. |
mt Jean Oreac. be dismissed.
DOmiIick Murray.
Of this popular actor. who will appear at