New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-05-26

MONDAY, MAY Is, 1874.

COUWT kBCUkUs
MONDAY, MAY %, 1874.
United States Circuit Court.
United States Va w. ). Cruikshank ct als-Con'
spiracy and murder. On trial. 90 f-FH svft'
sei suprene Ceurt.
The following decisions wore rendered: n ~.
No. slsl. John Haghs. W Charles :. csruthers.
appellast-From Fifth District Court The lessor
car not seiss noyaSiss belonging to third ps5:.n
within fifteen days from the date of seisure: c. G.,
2.os. Judgment reversed in favor Of third oppo-
No. 1850. voisin 4 Livaudais w. City Of Carroll
ten, appelant.-Fr0m Second Judicial District:
Appeal being taken for delay, judgment confirmed
No. sso4. N. b. F. Il. Brooks, appellant We. Mrs.
NJ. W. Stewart-From Sixth District Court. The
the deSt Va. for the be the w
Judgment aonulied, plaintiff to recover $1,000
80. 5l27. Jules A. Norat vs.. Alfred Marchand ct
one Of two innocent persons must suffer, be whose
act contributed to the loss must suer rather than
the cthet The plaintiff can mot the DE-
No. $685. Edward A. Switzer, appellant, VS.. Mrs
M. A. Zeller.-FromySecond Judicial District. No
since there is nothing in the bankrupt law which
requires the discontinuance of suits. Bump. Bank,
1856. Judgment set aside and new trial ordered
No. AGES. Union National Bank vs.. w. h. Cooley
l. D. c. Dabatt, appellant.-From Sixth District
Court. The warrant pledged to secure the indor-
see having no validity giving it up had no effect
No. 478a. Union Insurance Company va. success
sion Of Z. W. ROdd, appelant.-FTom Second Dis
trlct Court. Suit against the succession Of the
ndorser of pIOmissory note. demand must be
made to held the indorsor unless the impossibility
is Rs Toy w. 9arap entity s: Bay
No. $3.50. state * rel F. q. Mahan vs. Judge
Superior District Court-rhe application tor .
m6ndamuE to grant aDDeal b6lAR made
within the proper time, is refused. st
BY JUSTICE TALIAFERRo. .t|.
No. AHA. Charles G. Schulze Chspsky l.
Schultze ct al. appellants-FrOmt the Sixth District
Court. Oo p omiss0ry notes Judgment affirmed.
ant Episcopal Church. appellant.-From Fourth
Court On a promissory note OF $500. Judgment
affirmed.
BY JUSTICE WHY.
No. SITS. J. valierien Allain vs.. city of Carroll
ton, appellant-From Second District Court. Judg
ment affirmed.
superior District Court.
A. Eyrich We. Charles Chnton.-Action for salary
for first quarter of 1874. Rule to compel the is
suaDce of warrant made absolute.
City Of New Orleans vs.. J. W. Patton.-Action to
superior Criminal Court.
INFoRxATIoNs FILED.
Burglary, etcMJohn McGo,t, Madison "a 1 Lewis, g.
William Sanders. n
Carrying concealed weapons-Isaac Williams.
Burglary, etc.-William Jones. George 6 rover
Frank Page. 80 I.l.5
Assault on an offcar-Mrs R. Buylan.
vERBICTs. .s
State w. Jules Belfort-Burglary, etc. Not guilty
of first count; guilty Of second. -
State VS.. NJ. 7. Lang Robbery. Mistrial.
SENTENCED.
Carrying concealed weapOns-Anthony Fernan-
dez and Annie Black. twenty days each in Parish
Manslaughter-Philip Smith, Eve years in Peni-
Tertiary.
venre Of thirtysix jurors for the First District
and forty-eight for the Superior District Courts
were ordered,
GRAND JURY.
State vs.. ". J. Observation-Disclosures under the
color Of office. true bill.
State Sam Stevens Murder. Not true bill
First District Court.
NO LIE PRosEQUI ENTERED.
Larcery-FIederick Keeper.
yBKDlCTs.
knowingly receiving stolen goods--Louiss Smith,
Larceny-Moees Gustave, John Marshall, guilty;
Henry Williams, alias Price Wilson, not guilty.
Obtaining money, etc.-Henry Walter, not
guilty. Ed
Larceny-John Marshall, Edward McGraw, ten
Assault and battery-Mary Newton, ten days;
Peter Colfax, $50 two months Ill Parish Prison.
Entering, etc.-Georse Power, thirty months in
Assault with intent to rob-John Henry, eighteen
months il Peuitent AIRY.
Fifth District Court.
Judge Cullom rendered the following decision:
W. s. Buckner We. P. J. Pavy g. Co This suit is
based on two promissory notes made payable, the
one to the order Of J. D. Lefond ard by him in.
dorsed. and subsequently indorsed by P. J. Pavy &
Co.: the other tc the order Of p j. Pavy l. Co. and
by them Endorsed. Some payments were made on
them, leaving q residue Of s soos 8, for which
IN ehe notes. se firm Of as
consisted of Pierre Joseph Pavy, Alfred Pavy, and
Joseph b. Kinks. 1t was dissolved before the insti.
tuition of this suit and the notice of its dissolution
was regularly published in the several papers OF
New Orleans for one week. On the thirteenth day
Of March, A; D. 1874, Kinks was declared 2 bank.
this district Citation and service were made on
him as a member Of said firm, March Il, 1874 just
one week after he had been adiudicated q bank.
rupt. lie comes now and excerpts to the service
made On him, and to the PLAINTIFF right to main.
tain this action: First, because the firm had been
dissolved and at the time of citation made upon
him, was longer in existence of which the
plaintiff was informed; and, second, because he
had been previously declared bankrupt lndiyid-
ually, and as member of the commercial firm OF
In the casetof Leblanc VS.. Perroux 81 An. a. the
court held that The power to receive citation Tor
another must be express and special, and can not
be conferred by a general mandate" 1t is true
that, in commercial partnerships quod third
parties, the several members thereof are unit,
for all the purposes contemplated by and I'm.
mediately springing out OF its existence The
voluntary dissolution OF it does not destroy the
tinues to exist as to the rights of its creditors.
The only question is, how are these to be ex-
ercised. The two Paws are in Europe, and have
been ever since the dissolution of partnership
between themselves and Kinks. Kinks was de.
clared bankrupt before service was made upon
him. Therefore, as between him and them, the
ordinary agency flor partner ship is a species Of
agency which gives by necessary implication,
the right Of one partner to represent act for and
dence tending to show that he has been dis
charged Section twentyone Of the bankrupt act
declares that mo creditor whose debt is prOvabe
under this act shall be allowed to prosecute to
final judgment any suit at law or in equity there
for against the bankrupt until the question of the
debet0r's discharge shall have been determined. "
ANY such suit or proceedings shall upon the
application of the bankrupt, be stayed to
the determination of the court in bankruptcy on
no unreasonable delay the part of the bankrupt
in endeavOriDg to obtain his discharge" In re
Rosenberg, B. B. 81 Sampson VS.. Burton, B. r.
!. If therefore, the partnership. as between the
one to represent the others had ceased at the
time Of cita ion. If the surrender in BANKRUPTCY
etfectuaily inhibited creditors from pursuing Kinks
in SOLITARY obligation until his final disc arge in
bankruptcy it is difficult to understand how ser
vice could be made upon him for any purpose,
except, perhaps. to prevent prescription. As to
him it is plain; this suit can net be further pros
cuted, until the Uated States District Court ex.
pressy grant order to that effect until afteI
a reasonable time has been allowed him to
one OF these contingencies arise. As to the absent
partners p J. and A. Pavy, think it logically fol-
lows that they have not been cited. The exception
must prevail, SO far to suspend all further pro
ceedings against Kinks, in conformity with the
above quoted provisions of the bankrupt act And
as to the PAWS it is sustained, with permission to
amend the pleadings. and to cause due service to
be made.