New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-03-21
COURT RECORD.
SATURDAY, MARCH 20, 1875.
United States Cfrcuit Court.

l ana pursuance TO nOllceS III JIG new Or-
leans REPUBLICAN and Rapides Gazette,
| claimants have made such appearances as
| show conflicting and diverse claims-or-
| dered that three persons be appointed to
hear and report in writing upon the diff
ferent titles.
United States Commissioners Court.
Before Commissi oner R. H. Shannon.
United States We. John c. Mitchell ct
al.-Atfidavit of Gustav S. Chevalier under
| the civil rights bill against John &. Mitchell.
| master, James l.. Robbins, clerk of the
steamer Seminole, charging that March
ID, at the city of New Orleans, the
defendants denied to Louisa Christophette,
wife of Louis Chevalier. q citizen of the
United States, full and equal enjoyment of
accommodation, advantages, facilities and
privileges, to which she was entitled as a
passenger upon the steamer named, public
conveyance for transportation of passen-
gers upon the Mississippi aud Red rivers.
Accused released on bond of $500, to appear
March e.
Superior District Cont.
Assistant Attorney General Hiram 4.
Steele was presented to the court BY Henry
Z. Dibble, Esq, and his commission ordered
spread upon the minutes.
Shearer Il Lewis VS.. City of New Orleans
and Standardization issued on bond of
$500 restraining sale OF plaintiffs property,
seized for unpaid taxes.
Superior Criminal Court.
INFoRMATIoNs FILED.
Carrying concealed weapons-James Bull
lard, Thomas Hubbad.
Assauls-JosephJ Jones and John Brady.
NOT TRUE BILL.
State Va. George Z. Paris, charged with
the murder of William Weeks. January "a,
1875.
vERDICTs.
Fred Thurman, not guilty of stabhing,
ETC.; Georgiana Epps. guilty OF grand lar
ceDy.
Murder-Francois Auffoey, on verdict of
guilty without capital punishment Of the
murder of Amelie Blanche, October 10,
1874, with gimlet knife-imprisonmeB. for
life.
Third District Court.
The following reasons for judgment were
given by Judge Meunier:
Numa Coils va. La Societe des Francs
Amis.-The plaintiff herein, Numa Coils,
alleges in his petition that the Societe des
Francs Amis, an Incorporated institution,
domic-l led at New Orleans, is justly indebted
unto him in the sum Of one hundred dollars
at least, amount of the damage which he
has sustained under the following circum
stances: Petitioner AYERS that on or about
the twenty-sixth day of December, 1873, he
purchased, or rather leased from said 90
ciety the use of restaurant located at
their hall, to have and enjoy the same
during four s0irees dansantes to be given by
the Societe des Francs Amis, as follows, to
wit: On the first Of January, on the fourth
and ON the sixteenth of February, and on
the day of Mardi Gras, 1874: that on the
seventeenth day of February 1.-THE day OF
Mardi Gras). 1874, petitioner went to the
expense Of preparing for said festi val, and
purchased the necessary provisions and
liquors to supply bis restaurant with, when,
without authority of law or previous notice,
the use and possession Of said restaurant
were illegally taken from him by La Societe
des Francs Amis, thereby causing to the
petitioner pecuniary loss OF $1UO, which
he seeks now to recover.
In answer to plaintiffs demand, the
Societe des Francs Amis, though it's
president, after filing a general denial in
the lower court, pleads before this court,
as peremptory ex ,eptiOn founded in law to
plaintiffs action that plaintiffs petition
and his pleadiDgs disclose no cause OF
action, because they contain no allegation
Of putting IN mora, which is condition
precedent to the recovery of damages for
the passive violation OF contract and
which must necessarily be alleged. An
nexed to plaintiffs petition is document
dated December &c, 1873, pnrporting to be
a sale, or rather a lease, as already declared
by this court, of the use and possession of
the restaurant located on the premises
known as the Societe des Francs Amis'
Hall to the plaintiff Numa Coils, during
four "soirees." Said ase is signed by one
Theodore Perez as chairman OF q committee
appointed for the purpose OF giving
"eOirees" or balls for the benefit OF said
society. Before passing upon the question
relative to the Quantum of damage, the
court has to consider and determine the
following legal propositions:
l. Had the committee appointed for the
purpose of giving ''soirees dansantee," or
it's chairman Perez, the authority to dispose
of the possession and use of the restaurant
and it's dependencies, the property Of the
Societe des Francs Amis by leasing the
same to the plaintiff
9. If the said cOlcmittee or its president
were without authority to so dispose
of the use and possession of the restaurant,
has the Societe des Francs Amis, either by
given it's assent, express or implied to the
lease granted to plaintiff by the chairman
of the c0mmitte on balls.
). Is the violation of contract complained |
of by the plaintiff the act of the defendant |
H. Is that violation passive one, for |
which no damage can he recovered from
the defendant. the Societe des Francs Amis, !
unless plaintiff alleges and proves that said |
has been legally put in moral
l. According to the constitution of the |
Societe des Francs Amis. the direction and |
care of the affairs of that corporation are,
to q limited extent, intrusted to the presi- |
dent, whose duties and powers are specific |
ally defined in article sixteen of that consti- !
tuition. Among the powers conferred upon !
the president by that article, he is clothed |
with the authority to sign the acts and |
with the authority to appoint any pro.
yisional committee that he may think ne
cessary; but the power to sign the acts and |
entered into ON behalf of the |
and also to appoint provisional
can be exercised but by the |
president himself, to whom no authority, |
either express or implicit, is given by the
to delegate that power. ''In
general" says Angel on corporations, page
aggregate can act or contract,
is through the Intervention of agents either
specially designated by the act of incor-
poration, Ut appointed and authorized by
the corporation in pursuance of the charter"
There is no provision, either in the act of
incorporation OF the Societo des Francs
Amis, or in its charter, giving to the presi-
dent express power to enter into any con-
tract on behalf of the corporation, nor is
there in either of these two instruments any
provision from which that power may in
reason be inferred.
In section three of the act Of incorpora-
lion it is enacted: THAT all the power of
the association is placed into the hands of
the president thereof. who will have the
right to sue and be sued in behalf of said
In order to properly construe
- A. I
erred upon the president of the association
~ that section Of the act of incorporation