New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-03-21

the power conferred upon him BY the article
eixteen of the charter of said association,
appointed one Theodore Perez to act -
chairman of a committee whose duty it wac
to give balls for tho benefit of said aesocia
ton. 1t appears also from the same min
utes that the only authority conferred
upon Perez by the president was to select
to act conformity with them in giving the
balls. The leasing out of the restaurant
belonging to the Societe des Frapcs Amis
being neither incidental nor indispensable
to the exercise of the power conferred upon
the committee to give balls, and neither
Sind0s, the then president of the associa-
ton, nor the committee ON balls having
ever been authorized by said association to
lease out its restaurant, the contract of
lease entered into between Numa Coils, the
plaintiff herein, and Theodore Perez, chair
man of the committee on balls, is without
legal effect, therefore not binding upon the
Societe DIES Francs Amis.
The officers OF a corporation by contract
ing bind the corporation to which they be-
long in such things as do not exceed the
limits of the administration which is in
trusted to them. G. c.: art. 439.
2. The minutes OF the proceedings had at
the regular meeting held subsequently to
the date Of the appointment of Perez as
disclose any fact nor do they contain any
word tending to show or from which it may
be inferred that the leasing out of the
restaurant of the association to the plain.
tiff has ever been brought to it's knowledge,
nor has any evidence been offered on the
trial of this case showing any act or any
word on the part of said ASSOCIATION that
could be construed as a ratification of the
contract entered into between Numa Coils
and the chairman Of the committee on balls.
If the plaintiff herein has paid to the
committee on balls any money for the rent
of the restaurant the sum then paid by said
plaintiff has not been turned over to the
association as being the proceeds Of the
rent OF it's restaurant.
In the account rendered to the associa.
ton by Perez, chairman Of said committee,
figure the proceeds of each ball, with the
expenses thereof, but no reference is made
in that's account to any money paid by said
plaintiff for the rent of the restaurant.
find nothing then, either in the words or
in the acts of the Societe des Francs
Amis, that may warrant the conclusion
that the contract of lease entered into be.
tween Numa Coils and the committee on
balls has ever been ratified by that associa-
ton. either expressly or implicitly.
Having expressed the opinion that the
president of the SOciete des Francs Amis
and the committee on balls were both
without authority to dispose by lease of
the restaurant belonging to said association,
it becomes unnecessary to examine whether
the violation of contract complained of by
the plaintiff is an active or passive one, or
whether that violation is the act of the asso.
citation.
For these reasons it is ordered and de.
creed that the judgment Of the lower court
be reversed, and that plaintiffs suit be dis
miesed, with costs in both courts.
Fourth District Court.
Cynthia Davis vs.. N. Kuntz.-Suit for
damages under the civil rights laws of
Louisiana. Continued to March %.