New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-11-05
COURT RECORD
WEDNESDAY, NOVEMBER 4. Iaa

Supreme CsSrts
No quorum present.
superior Crimina4 CsuFss
TRUE BILLS.
State "a. Peter Bradley Frsudulently
purchasing registration paOers. two counts.
State IS. Henry Cross-PeEjury.
SENTENCED.
William Carriger, ehOOting with dan
gerOus weapon with intent to murder. 1wo
years in the Parish Prison.
Joseph Bibb, Philip Dorsey ana Randall
Ambroise, robbery. Bibb and Dorsey seven
years. Ambrose nins years IN Boys' House
slrse District Csuss.
lSvORMATIONs FILED.
Petty larceny-Thomas T. Newman, Will
Thomas Hiely.
Wounding less th.a nayhem-llenderson
Scott.
Assault and battery-Albert Moon. Alfred
Kenny.
xoLLE PROsEQUI ENTERED.
Assault and battery--Janes Brim.
CONVICTED.
Entering a d wellinghouse in the day time
Thomas Banks.
Petty IarceDy-Jamea Brown.
Second Dissrics Court.
Succession Of Madelains J. l.. Roche
opened.
Judge Cullom delivered the following
opinion:
A. d. Doriocour: W. +. Lacroix.-1t ap-
pears from the evidence in this case that
some time during the present year }. Is.
| Walton. auctioneer, sold certain property in
J this city. by order of the city authorities. 10
| pay n large amount of taxes due thereon by
the defendant. LacrOix. The authority for
this proceeding is found in an agreement to
| that effect. entered into between Lacfolx
! and the city to prevent sale thereof by the
sheriff under writs Of teri facias, which had
| already been placed in his hands to enfosce
the collection Of said taxes. The agreement
| was entered into az . compromise, ana was
signed BY Lacroix.
The auctioneer proceeded 70 advertise
and sell the property ss agreed upon. 40 the
deputized Snd authorized agent OF both the
CITY and Lacrelx. The sales were made OF
different lots, and in accordance with pre-
viOus arrangements the several purchasers
thereof, with the exception Of two, paid in
ten per cent Of tho purchase price tO J. b.
| Walton, auctiOneee.
Andrew Hero was the chosen notary be-
fore whom the deeds were 20 be made out.
and the auctiOneer paid over the several
eums received by him, less . certain
amount. Lacr0ix subsequently determined
not TO abide the compromise he had made,
and the purchasers now moving iu these
rules seek to obtain the restitution Of the
x"ms :hey have paid. The auctiOneer hay
ing retained . certain sum TO defrsy ex-
penees incurred in effecting the eale, Hero.
the notary, is not able 60 refund the entire
amount paid By them. The questions now
presented are two fold:
Firet-Are they entitled to tho full
amount paid by them
SecOnd-WhO should pay It
AZ to the first there can be no doubt.
These are Justly entitled TO the restitution
Of the entire amounts paid by them. As to
the second. Lacroix should pay the deficits
because it is evident that the city acted in
accordance with tho agreement and COM
promise entered into with him.
The auctioneer. Walton. 10 not liable. be-
cause he was the mero agent Of the city.
| which, under the compromise. was entitled
to the entirety Of the funds he received.
and because the expenses were unavoida'
able, and could not have been expected to
fall upon him personally.
Hero. the notary, is not liable. because,
| while he had no control of the funds in the
auctioneet's hands, he received no more
than he is now ready to refund.
As he could not have controlled the sew
eral sums paid to the city through Walton,
its agent, as auctioneer; and since his pre-
rOgative was simply to receive what was
handed him. and to make out titles when
SO directed. and duties of like professional
character; therefore would there be NJ
justice in condemning him to pay sums
which he never received. end could no,
have demanded.
The whole trouble was caused by the
fault OF Lacroix in failing to carry out the
terms of the agreement and compromise
| made by him with the city. He. therefore
mus: pay the deficits with interest; Walton
is exonerated, and Hero. the notary, mus
| .,ar over what he has in his handa.