New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-12-20

Clerk OF tue COurU IOr transcripts IrOM tuotu.
That this appearer verify believes that an
evasion of the election laws Of this State is
being contaminated in the improper and
illegal control of the election returns of the
parish of Carroll by X. NJ. Lackey. super
visor, and w. w. Benham, his clerk.
w. A. BLOUNT,
United States Supervisor of Registration
and Election for the Parish of Carroll.
Sworn to and subscribed before me on
this twenty sixth day Of November, 1874.
s. D. OLIVER, Deputy Clerk.
COURT RECORD.
SATURDAY. DECEMBER l9. 1874.
Supreme Court.
Adjourned until Thursday, December "a,
when opinions will be read; and then stand
adjourned until January 4, 1875.
Superior District Court.
Rufus NAPLES vs.. George S. Lacey.-This
case. where the City Attorney and assistant
attorney. both saiaried officers Of the city,
claim ten per cent commission ON $50 900
drainage taxes. and wherein the city denies
the right OF either party to the claim. was
argued. and the argument continued to
January5.
Superior Criminal Court.
In the case Of Thomas North. charged
with the murder Of James Collins on the
twenty second of October, in front Of No.
95 St. Charles street, bail was refused. with
permission to renew the motion.
In the case of Richard Bell and John
Jones, murder, convicted last week of kill
ing Louis Farm on the seventeenth of june,
1873, the motion foy q new trial was &C.
fused.
vERDIcTs.
Harriet Syfax, embezzlement; not guilty.
Robert Philips and Charles Harris, bur
glary and larceny at SamOunIs shoe store,
at the corner of Bourbon and Customhouse
streets: guilty Of grand larceny, and recon.
mendet to tho mercy of the court.
Horace Westley, grand larceny, stealing
six calves on the seventeenth of October;
guilty.
NoLLE PRosEQUf ENTERED.
John Smith, grand larceny, stealing
gold chain, etc., $50, from J. Destour on
October IL.
William Warren. stealing three cows and
one calf, October l.. from Oliver Pierre.
ORDER OF COURT.
Judge Atocha has issued the following
order:
The judges Of the municipal police courts
and Justices of the peace having criminal
jurisdiction, are directed in all cases within
the jurisdiction of this court. wherein mem.
bers of the Metropolitan Police force at
tend before them as witnesses, to have the
exact residence of such witnesses noted in
the papers, instead Of the precinct stations,
as has been the custom heretofore.
Frat District Court.
SENTENCES.
Ceiestine johnson, assault and battery.
$45 or one month Parish Prison.
~ Inh
ceny. two years, hard labor.
Joe joseph. larceny. one year. hard
Filth District Court.
Judge Culiom delivered the following De.
cis:on, interesting to depesitors in banks
and business men in general:
Louisiana Ice Company vs.. State Bank of
New Orleans.-The petitioning corporation
alleges that on the fourth day OF October.
A. u. 1873, it was the holder and owner of
a certified check, No. n. of the State Ma.
tional Bank for the sum OF $1,000. drawn by
the New Orleans Mutual Insurance Com.
pauy, dated as above. and payable On
demand to the order Of Samuel Avefons,
who indorse(i it in blank. That it Deposited
said check for collection only. with the New
Orleans National Banking Association on the
fourth q; OF October, A. D. 1873. That the
only duty of said corporation was to collect
the check and place the proceeds to the
credit of the petitioner. That when 1t was
presented to the State National Bank OF
New Orleans for payment, it gave check,
through Charles L. C. Dupuy, its cashier.
60 the New Orleans Banking Association,
through its cashier, - Blache, in payment
or exchange for said check on the State
National Bank Of New Orleans. That said
association was not authorized TO receive
the same in payment, and chat petitioner
has never sanctioned nor approved its acts
in relation thereto. That at the time said
check was given the New Orleans National
Banking Association was known to defend
ant to be insolvent. and that it had been SO
publicly declared. That the defendant has
reaped the full benefit Of the credit
Of said check by debiting the drawer
with the amount thereof in its &C.
count with the drawer. That defend
ant knew that the check it received
| in lieu Of that deposited by plaintiff, and
which was good. was worthless; that plain
tiff had previously instituted an action in
the Superior District Court, No. 925S, to
arrest the efforts Of, defendant to get rid of
the worthless checks of the New Orleans
National Banking Association; that petition
or has by the illegal acts OF the defendant,
suffered damages to in the sum OF *lOOO, for
which sum Judgment is asked. with legal
interest from judicial demand and Tor trial
BY Jury. ...;o =.
no cause Tor action, and the general issue.
/ think the petition does disclose q suta-
eient cause Of action, and will, therefore,
proceed to dispose of the cause on its merits,
the prayer for trial BY jury having been
dismissed ON motion of plaintiffs attorneys.
The facts are, that on the sixth day OF
October. 1873. the present petitioner hled
petition in the Superior District Court OF
this parish. praying for writ OF injunction
to issue for the purpose of restraining the
trustees and managers of the New orleans
Clearing House Association and The New
Orleans Banking Association, through its
president, from receiving. certifying and
delivering the checks belonging to petitioner
land among them the one now in question:
to the banks on which they were drawn or
permitting il to be exchanged for the checks
of said banks in return for three checks IN
the possession of said New Orleans Banking
Association, or from offering them Tor GER
LITIGATION and exchange, or collection or
payment. or paying the same in any way
whatever. The order issued on the same
day. which was on Saturday.
There is no contest about the fact that At
that time the plaintiff was the owner and
holder of the check described IN the petit
ton, and that it was duly deposited for
collection on the fourth of October, 1873, in
the New Orleans National Banking AssOcia-
ton, of which Charles CavsrOc. ST., was
president at the time. The deposit Is shown
to have been made about half past three
o'clock in the afternoon of the day on which
that bank ceased to do business. At about
quarter to nine O'clock in the forenoon
the judge granted the order for writ OF
| iDjunction in the suit No. 9238. As soon
thereafter as practicable the deputy sheriff
ropaired with the writ IN the Clearing
House. The check in question had not then