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

taken to esta blIsh the second part OF the de-
| fence having been offered and objected TO
| by plaintiffs counsel. was ruled out as IL
| admissible by the court
The following extract from the decree OF
| the bankrupt court, rendered Monday; NO
| vember 30, 1868, I'm re &. a. Weed q 20
| No. 3S9. contains all that refers to lne ue
mand and opposition Of the plaiLtlh c @n'
to the discharge OF c. A. Weed " ~
For reasons orally assigned oy .Lt ~ -
j, Is ordered, adjudged and decretC Iu"'
| opposition OF Fielding EdWaius - ny
bankrupts' discharge be ol7l''7Se0 "-'D
| costs.
On the eleventh Of March. 80 the luGge
! of the circuit court, acting district 'uUse
| durinc the absence OF Judge Dtle'I' loH
dered the following orGeF H. ,or.br
an il ordered that leave be hereby
GRANTED the reIator tia: the suit o. r. En- u
wards vs. G.. A. Weed Il Co.. aL0 j. touc'
being suit No. 1901, on docket ol NE
EonTfh Distric, Court OF the parish oi "
leans. NAV proceed to Judgmen. Tor the
,rrnnse Of ascertainIng the amount que,
| which ;s now in dispute 10 he proved IL
This bankruptcy for dividend therein.
II was contended that the evidence gong
| IN show the reasons orally assigned by the
| iudge of the bankrupt court III the extract
| from his decree ABOVE felerleu TO- anu INC
| ,oattcr embraced in the same. should have
been received, and that il admitted. II
| -ronld have established the plea OF res
| ;,,3jcotn | could not by the admission OF
| that evidence allow the imperfect recoIlec-
| tions of persons present III the court room
10 be substituted for the deliberate and ma
| tured opinion OF the court, delivered at a
| time long previous, and of which II IS eX-
| treluely unlikely if not impossible. that any
| bystander could have complete and accu-
| rate recollection. Suppose the Judge
| of the United States District Court
| in passing upon the opposition OF Edwards,
| had said that Edwards had 10 claim
| AGAINST defendants. the decision beng an
| 0bitc, dict1,nt would be without effect. Ite
| United States district Judge alu not oeclue
! that there was no debt due by defendants
| 70 plaintiffs. but that he showed no suttl-
| cient cause to maintain his opposition TO
| the discharge of the bankrupts, Weed Il
| Go. Edwards alleged that Weed n Co.
were not entitled TO discharge ID bank
runtcv. because they owed him large sum
hy the act OF embeZzling his funds, entrust-
ed TO them in a tiduciary capacity. Admit
| ting all this to be true, the law does not de-
clare that the bankrupt shall not be DIS
CHARGED from his other debts, not OF this
nature. II grants the bankrupt discharge
from them, leaving the fduclary creditor to
his action against the bankrupt under the
thirty-third section OF the bankrupt act. as
r he had never received his discharge. The
action of Judge Wood granting leave to
Edwards to prosecute this suit TO judgment
in this court, more than four years after the
Judgment Of the district judge above re-
cited, sustains this view Of the case. 1t Is
urred in behalf of defendants that the Or
der of Judge Wood was ex parte, and was
made without his knowledge of the facts OF
the case and had no effect ID regard to the
Indictment of the District Court dated No
yember 80 1868 Such supposltlon or
presumption can not have any weight with
This court | am bound to presume that
Judge Wood acted advisedly and legally
in making said order. and that presumption
is more than justified by legal prln-
ciple that every official act OF a
judicial officer is supposed TO De properly
performed. as also from the high character
of that eminent jurist. The plea OF res
juaicuta is, therefore, not sustained.
Weed and Mckee testify that they bought
the cotton of Todd, and their evidence III
this respect is unsupported by any other
testimony. In the record there Is docu'
meut signed by Weed * Co. and Todd.
II sets forth that Weed & Co. purchased
sundry lots of cotton from James Todd,
weighing, net, l54, $50 pounds, At thirty SIX
and half cents per pound. Weed n Co..
in addition to the amount OF sad blll OF
purchase, also agreed to pay to the SAID
James Todd one-halt of the net profits
arising from the sale of said cotton as soon
as the whole would he sold and the ac-
counts rendered; and further, Weed Il Co.
agreed to become responsible for Onc-half
of the amount of the bill Of purchase.
shOuld the cotton be seized by the United
States government. Ii was further supu-
lated in the document aforesaid that Weed
Il Co. reserved the right to remove the
! cotton at will from where 1t then lay, ana
| that Todd should give his personal atten-
Il, =, la a,,r- m i1G
contract is dated March Is. 1861. and it
certainly shows that Weed & CO. had had
cotton transactions with Todd of a different
nature from that OF a sale by TODD 20 Weed
! & Co. as purchasers. Il shows a partner
! snip and kind OF agency. Three receipts
| are in evidence: they were offered iOr the
purpose of showing tina. Todd paid Edwards.
| Those receipts are signed ''F. Edwards.
| The plaintiff swearS lie never signed
! them. and never received any part or por-
! ton OF the Moneys for which they purport
| to have been given. and that they are utter
| and entire torgeI!es. Several witnesses
| were examined as experts IN regard 70 the
| genuinencss of the = gnatures 10 the re-
| ctipts. They were compared with genuine
| signature OF Edwards: some two or three
| of those witnesses express the belief that
| all four signatures We're written by the
same person: others. among them Judge
! Cullom and DR.. King, say that the sigma
| lures are not in the same handwriting.
The comparison of handwritings is very
unsafe evidence. even when there are sew
era! pieces for comparison. Nothing au.
thorizes us to suppose that deduction
| drawn from a single object Of comparison is
! entitled to considerations Bartield ". Hew-
| lett. & n. S. -. Plicque VS.. Labrancile. 9
| L.. JJy, and Robertson vs.. Arnet., IL l. :.
| 262.
,,o+,Ylo ,x,r,nf;fca.iop Of The weakness
a I, ~ .ii.;danna = f,,rn;sE..J ma IN
~ ~ ,rnsos H., vs +he SUCCESSION nj
I Inn,, WoiroHnrh rennrted on n,ca 80 et