New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-04-03
TIE COURTS.

Gardner P. Houghton vs. Michael Ger
non.-On motion Of Michael Gernon, de-
PENDANT herein, and upon suggesting to the
court that he was duly appointed and COM
missioned by his Excellency w. P. Kellogg,
as recorder of the First District of the city
Of New Orleans, which commission IS still
in force. and VIII be produced upon the
rule herein, it is ordered that the plaintiff
show cause on the eighth day of April, in
slant, at II A. NJ, why the injunction
granted herein should not be dissolved, and
why he should not have sue. other relic. as
law and justice may require.
State of Louisiana VS.. Victor sGerodlas et
als.-Appeal granted to the Supreme Court.
Laurent Auguste asks and is allowed az
in junction restraining State Treasurer On
bucet from receiving from the tax coIIe"'
tors OF the State. IN settlement tor taxes
due The genera! fund and licenses sunse
Guent to 1872, any warrants issued under
the provisions OF acts Nos IS and % OF the
year 1873, or under that portion OF act No.
-. of 1873, appropriating 100000 for the
contingent expenses OF the General Assem-
bly OF the year 1871. ane also az. NJ. ~ .:
December, 1872.
Fifth Dis;ric; CCuft.
Ja,r.- B. Guthrie VS.. HynsOn s: Hisk.-
IN the above case was involved he ques-
ton Can one partner sue another TO re-
cover on q pfOHlSSOIy uoIe DelO.e 1At us
solution of the partnership
The court, il passing upon tie question.
said:
The second question 10 be settled is. car
the plaintiff sue before there is a settlement.
OF the partnership: j think be can, pro
yded the obligation or RICH. To seeks 20
establish is of an :ndividuai o. personal
nature. having no connection and forming
10 part OF the partnership transaction. ibe
eleventh article of the agreement expressly
provides tina. nothing therein should be so
construed a. to proven. him from withdraw
ing MS capital. if from any cause the bust
ness should prove Improbable. Here IS a
clear recognition % his separate capita.
which refers 10 nothing else thar his YI"-
chased interest in the patent.
His persona: right 20 withdraw his rap
,a' necessarily involved their individual
duties 20 restore il TO hin. a any time. He
seeks now 70 do 50, and they stand ob.,sateC
20 permit hln.
I find a case IN s Cranot's Reports. :" %.
decided by Chief Ju- tice Marshall, in Which
he saws on the objection that the action did
no. Re. il being brought by one partner
against another: "a promissorv note given
Nv one member OF a commercial firm To
another member 70; the Use of the firm viii
maintain an action az law by the promise
ou his own name against the maker, not
withstanding both were parties in the firm,
and :he money, Whel recovered, would
belong to the firm.
4 has been held IN 8; Mss Rep. ~. thar
if one partner make note payable TO his
associate for the .ISe Of he II re. he DIav
sue at law IL his own name.
: NAV here remark that the sam" .,:le of
construction 20 articles OF cOpaTtneTsnlp
apnly a. in ordinary contracts. The InJen-
tiol OF the parties. as expressed Il :neir
! stipulation, Is 30 guide them N the perform
ance OF their duties and to contrO. :leI.. n
they e..Orts 20 /. oye. rights.
The plaintiff had capital in 'he patent
iescrs bed. which IS acknowledged, and
having stipulated That ne might withdraw
i under certain condition, and that con
tingency having been consummated. ]
think there IS 60 loUb. o. his righ. 20 :e-
cover.
sinh District Court.
Licuia:ing commissioner o: opera
House Association OF New orleans -.
Henry Bezou. iquidator, and Delta !nsur-
ance COmpany.-ln this case Judge SaucleI
has ordered and decreed that there be iudg-
men. IN favor 81 plaintiffs for a partition Of
the property described Il the authentic
title .: th. Opera House Association, and
that il order 10 effect the same the property
be sold by the sheriff.
Il is further ordered that :ftytw i.ftv
eighth parts OF tie proceeds OF adJudlca-
| ton be SCI apart 1or the pialntlti. SUBJECT %
the Fights al :h0sc holding mortgages ~
or privileges on the portion OF the property
owne.. by the Opera House Association.
The balance. VIZ: SIX .fty-eights OF the
proceeds OK adjudication TO be turned owe.
by the sheriff 20 the Delta Insurance Com
pany. with the obligation OF accounting %
Henry Hezo. 'iiuldat0r. .or The balance il
any. o. che proceeds o; said -;x :;tty eighth
par.. after satisfying the claim OF said De. "a
Insurance Company. heretofore tie LoI!-.
ana stats Mutual Insurance Company
a,air-. the Citizens M.tua! Insurance Com.
pan:, as established 10y the supreme COur;
Of louisiana ia ,he case OF the Mer3han Is
Mutual Insurance Company IS. the ..ou5s-