New Orleans Republican., 1875-11-23
COURT RRCOHD.
MONDAY, NOVEMBER %, 1875.

MONDAY, NOVEMBER %, 1875.
United States Supreme Court.
vember lS:
u. I. Beutegard vs.. Case, receiver, etc.,
by error to the Circuit Court for the dis
trict of Louisiana; and May vs. same.
These we're actions brought by Case as re-
ceiver of the First National Bank of New
orleans against Beauregard, May and one
Graham, charging them as commercial
partners in the business OF common car
riers, IN conducting the New Orleans and
Carrolton railroad during the years 1866
and 1867. 1t was claimed that the account
of the partnership was kept with the bank
in the name of Beauregard, as lessee, and
was largely. overdrawn by checks Of the
concern in his name.
Beauregard answered, setting forth that
he was only salaried officer of the firm,
and not partner. Mays defense was that
the debt was his personally, and that the
bank was indebted to him to an amount
sufficient to extinguish it. The court in
strloted the Jury that if they found May ,,
be debtor. the defense set up would be sUs-
tanned. The verdict was for the receiver,
and it Is here urged that as the firm was
bound in solid0, if at all, the verdict did
not determine the issue made, or if it did, it
was in favor of May, and no judgment could
| be rendered u1on it.
Carey ct a.. We. Brown. Appeal from
| the Circuit Court for the District of
Louisiana.-This was an action by the ap-
pellee on ten promissOry notes for $3.50
| each, made by one Hoskins for the purchase
| money of certain real estate purchased at
the succession sale of the property of one
| Home in st. Mary parish, Louisiana. The
| principal question in the case lie whe 1er
the appellee, who is an attorney, into whose
hands the notes were placed for collection,
can sue on the notes in his own name. The
| court below found the legal title in the ap.
| pellee, and that he held them in trust for the
heirs in whose favor they were drawn. 1t is
here contended that the court erred in this,
for the notes had never been transferred or
assigned to the appellee, and at the time the
suit was brought he had neither actual pos
session of nor right to them by reason OF
| any intere st in the notes. 1t is not as an
agent, but as an assignee of the holder, that
the party must show his right to maintain
the suit He gave no consideration for the
and the expenses incurred in his business,
and he ia accountable for the proceeds of
the notes to the payers respectively.
superior District Court.
State OF Louisiana VS.. sundry tax delin-
| quents.-On motion of Assistant Attorney
General II. c. Dibble, Isaiah Tharp, Esq,
was appointed curator ad hoe to represent
sundry absenl and unknown owners.
State of Louisiana vs. Crescent City Live
Stock Landing and lauohterhouse Com
pany.-Attorney General Field relates that
aot OF March g, 1869, Incorporated the de-
fendant company, and prevented the land
ing, keeping or saughteriDg of animals by
any other party; that the company was to
erect on either east OF west bank of the
Mississippi river before June, 1869, con-
venient buildings for this purpose; that an
/ ipapaRtnr with nnlina du1v
created with certain fees. That this cor
poration n, invested with valuable privileges
| and fra 'hises, has abused the same and in
consequence forfeited its charter; that it
went into operation on the west bank; gave
due notice in June, 1869, by the most rigor-
ous and severe measures compelled all par.
ties to bring their Cattle to its premises, and
compelled all to establish themselves near
the grand abattoir. That it carried on this
business in this manner two years and then
destroyed its buildings and removed to the
east bank of the river, two miles
more distant from the centre OF business of
New Orleans; that this removal was in
pursuance OF an agreement with the Live
Stock Dealers and Butchers Association;
that iniunctons were issued against this
act; that the company destroyed it's build
ings in the night time. and this was a gross
misuser of its rights and violation of its
charter that these acts defeat the object
| OI lDt CudTltI, tnat Dy COuulVduC6 anu col
lusion the inspector refuses to inspect cat
tie on the right bank; that the company
obtained transfer from the Legislature of
the authority over 1t from Orleans to St.
Bernard, and thus deprived New Orleans
of all control of its sanitary condition; that
the act creating the company, of 1869, has
been denounced by the Supreme Court OF
the United States as "a more hagrant and
indefensibe invasion of the rights of the
many for the benefit of the few than has
ever occurred in the legislative history OF
the country and "as one of those arbitrary
and unjust laws, made in the interest of a
few scheming individuals, by which some
of the Southern States have, within the
past few years, been so deplorably op.
pressed and impoverished" Prayer for
forfeiture of charter.
Superior Criminal Court.
| MOTION.
State vs.. John Vincent.-Convicted of
burglary. Motion tor new trial taken un-
der advisement.
ACQUITTED.
Carrying lcOncealed weapons - Henry
Smith.
NoLLE PRosEQUI ENTERED.
Burglary and grand larceny-Abraham
White. Accused was charged as an acces-
sorry to the burglary and grand larceny
committed at the store of Theodore Danzger
e. Son, No. 203 Canal street on the morning
of January 10, 1875.
| ON TRIAL.
Burglary and larceny - Matt Hogan,
charged with burglary, January Is, 1875, of
the store of Messrs. Theodore Danziger g.
Son, No. 2O3 Canal street, and larceny of
silks valued at about $2500.
CAPITAL CASES TO BE FIXED AT ONCE.
Judge Steele requested the Attorney Gen
eral to take notice of the capital cases
awaiting trial in the following letter:
New ORLEANS, November %, 1875.
Hon. A. P. Field, Attorney General of Louisiana:
SIR-In obedience to the instructions OF
Judge Steele beg leave to notify you that
you are requested to tix for trial the causes
pending in this court against parties charged
with crimes punishable capitally. l am fur
ther instructed to state that the infOrma-
tions filed in court by the district attorney
have been disposed of to such extent that
the trial docket is now in condition to war
rant the assignment for trial of the large
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