New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-12-25

Alfred Penn prayed for his interdic ton,
which was ordered Oh February IL.
Plaintiff then sued d. B. Penn and Alfred
Penn, represented by George 4. Pgsstos,
curator.
In the lower court Judgment vas given
against both, and from that the curator ap
peals, con tending that che service OF the
note was not valid. 40 the interdlotiOn dated
from the day of petition. Also that plaiatitf
could have provoked the appointment OF u
curator I'D hoe or serve upon tho curator
a. coon az he wac appointed che protest.
The court holds tbas there was no au
:horization Of appointing curator ad hoe;
that the plaintiff was not required to serve
notice on the appellant, who was only APP
pointed ffty.ene days after the protest
The Aterdiction was not known 70 plaintiff
or the notary TO have been applied tor, and
no such information was given the notary
when he served the protest. The plaintiff
had, through his notary, exercised reasoDa-
bio diligence, and the SERVED was biHdiD {
upon Mr.. Alfred Penn.
Judgment affirmed.
No. 1925 Bank OF New Or!eane IS. West
eyn Uuion Telegraph Company. j From
Fourth District Court. The detendan.
was employed 60 furnish plaintiff with
dsilv reports indicating fluctuations vf the
New Xork money market. On the second
Of November 1869, they delivered telegram
reporting gold at l.! NJ. at 1881, whereas
the true Yass vac ia New York az that hca:
1873.
Plaintiffs aileg. that they 'css by che
I kilograms SIZES l6 in buying :oreign eX-
change. Sl73 SIG 10, for " Inch they sued, and
obtaipe Judgment foY che amount prayed.
The alleg atoms OF plaintiff were fully proven.
Tle defendants, however. contend that :he
error in ths telegram was no ianit OF 5heirs:
that the information conveyed wac taken
from che indicator Il: the Gold Exchange
! Of New York, and that the error occurred
in The working Of the indicator 1t Is true
that the error 30 occurred IN the instraine nt
placed Tor defendants convenience &c their
| ut:;c. at Eew York, but this does not exon
crate them from liability. because by CON
| trac. they were bound 10 convey correct IN
| formation. which they could have obtained
without rely ing on the indicator; This they
! failed 10 do. Judgmen. affirmed.
No. 35l7. Harrison 4 Bietly va. Orleans
| Railroad Company .-F.cin Fourth District
rendered by a jury. aud the plaintiff APP
! pealed. The evidence sus'ains The defense.
| and the judgment j, approved. TIE suit
I was for = cum Of mOneS due plaintiffs for
| construction OF road. ahile the company
I denied final settlement and receipts.
| No. 1887 w. II. Scott Il Co. VS.. 4. Il.
| Seelye.-Plaintiffs, residents OF New IorE.
! purchased two notes Of $3.50 each. made
I by defendant, Defendant contends tina:
| thew were acquired after maturity and cub
| iect to equities between the maker ard The
! frs: hold.g. Alter il had been shown that
l the notes were obtained before maturity
and for the price Of $IG9. plaintiff filed an
! amended answer. avetriGs that piSlns'ns
! had not received the notes in the usual
course Of business, and the contract where
6y plaintiffs Obtained them was tainted
! with usury, and hence absolutely null! by
/ .ht, laws Of New York. where It was made.
| The laws Of New York arc not in ev!.
ience. Snd there is nothing ia th. record
which shows any bad faith in the plaintiff.
! and nothing 70 impeach their tito 70 the
/; notes EXCEPT the slnalluess Of the price paid
! for them. The proof does not make it Gle ar
tina: this price was merely nominal. The
rule 10 that want or failure % consideration
! will be no defegse or bar 20 tho iit,e ot q
| bona tde holder OF no:e Tor valuable con
! sidsration, at or before u becomes due.
: without notice Of any inErmi'y therein.
Story "r Notes. aces. i2I. !ye. \ valuable
con siderayicn is one having value or Worth.
and is not sneasurtd bG any particular DC
gree or amount. There must be value. but
| not necessarily full value. which is rot
always easily determined. The agreement
IF the parties must fix the valve. \ small
price is value, amt wher. 1t is NOT clearly -
H.
that the holder before =! .fu.i!y was willing
20 take 500 can not b.. said OF itself alone
| 20 have been notice 70 che purchaser OF 4
+! want Of consideration The notes we're
I; offered as that price and purchased by the
! defendants. who were dealers 10 NaV York.
! Whatever may be the responsibility o. tho
| first holder 20 the maker. in she opinion 81
!; the court, under the CONNIE! cial sav anG
| she authorities, plaintiffs must eeeoves
1 tf,ffh h. Hy n roo
! Of plaintiffs :or 500 is reversed. and jud,-
! ment is now rendered in favor Of the same
parties for ths fall amount ~. the notes.
| with eight per cent interest from date ~
! :he:r respective maturities.
Superior District Court.
f! Sta:e * rel New Ogs-aus SANITARY and
! Ferulizing Company ~. the Board OF
| Health - rhe petition sta'es that che petit
! .ioners fee! agrieved by thu. judgmen: gen'
| tlered on tue thirteenth; OF jane. 1874, and
signei on the twenty .!Hurth day Of JUNE.
! 1874; that there is erE.r - petitioner pre-
I iudice ip said judgment. and he desires !"
| appea; ,hey.froin. Hevolu'ive Sppsal
| granted returnable TO tho Supreme C"n't
on the third Monday iu January, is. ~ "r
| tos.:s 9: 500.
Superior Criminal Court.
sENyEHCEs.
Richard Bell and John Jones. convicted
of tile murder of Louis Farms, Gn June IL.
1873, at kocheblave street, u ere sentenced
| 20 Penientiary TO. lite. She jury having
qualified the verdict by making j: ~:ta"ut
&c pital punishment.
Robert Philius and Charles Ha.-:s g..
grand larceny, four years hard LABOR.
William Fyler, for contempt Of corrs.
F.! S.. o: twenty four hou!s Parish pS1s"a.
Cos1iNUED.
The easc Of George f.i:1 arl Frank
U'Rrien, forging ~ order Of !. r. Kick.
mann, WAS continued inds 1sniteiy. 1T the re-
quest of defendants. Bonds reduces. to S3G0.
Also another sim lar case vas con s1ucV
on bonds reduced 10 $500.
John Corners. Soohe,y: cor .is:"! ia
definitely.
Pste Philips. peri ry: continue: 10 Jan
nary 5. 1857 accused, Dy counsel. waving
Jury list.
Georgia Epp, {: a.. grand 'arcsay a. d
, accessory to sane: con'in:e1 70 :naafy :,
1875.
The court adjourned ur:i Monday. De-
.enbey .S.
First District Court.
PLEADED GUILTY.
| Johr Sanateyn-. entering a.":e. &C..
pleaded guilty to larceny.
eENTEN.Es.
James Rile:, assault an! os:te's; go q:
! two days Parish Prison.
Charles ana France Seymour. larceny:
| Charles one month and ss.iA ces ;..:
| mon tbs Parish Prison.
Caiharine and Matilda Mpoee. a.sauis ~ ::