New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-08-31
Cuahiuy versus Nsniues.

Yesterday, in the case of Caleb Cushihg
W. Myra Clark Gainee, an action to re-
cover SSll0, at Fix per cent commission on
200, which is alleged to have been re-
covered by defendant by means of the pro-
fessional servicea of complainant, the de-
feidant filed further answer in obedience
to the order CT the court. She eays that ali
the property of whatsoever nature che has
recovered under any Of the judgments in
the caseA argued by complainant and by
compromises. etc. is as follows:
Flrst-In suit VS.. D. N. Hermen, the lot
recovered from eaid Hermen in said suit
was sold at; public auction to r. Roder for
$2600 The right to recover revenues of this
property was transferred to complainant.
the amount recovered to be accounted for
by him according to- the terms of q special
agreement. A modified report of the master
in chancery in favor Of complainant made
January Is, 1869, was modified by the court,
and a decree rendered thereon for $5g75 90,
with interest. This amount has never been
accounted for; and no report made of its
pon-cOllectiOn.
Second-In suit ve. F. D., do Ia Creix,
nothing has ever been realized.
.Third-I0 suit vs.. city of New. Orleans ct
al. live squares Of ground valued at SIS, 800
were recovered possession of. The rent of
square No. 36O was determined by final
decree of the Supreme Court of the United
States to.be 3l25, ,266 67, with i've per cent
interest on So, 800 from November /, 1870;
but nothing has been collected under said
Judgment, and there were no rents from the
other squares. In same suit there was re-
covered from Fl. E. Lameyer the property
at the corner of Toulouse and Burgundy
streets, valued at $4,000. and Judgment
for rents could not be collected, the defend
ant having fsiled.
Fourtb-ID suit No. 2734 vs. J. De Lizardi.
The property recovered from William Crep
pell was sold to Paul Berge. October 19,
1870, for $7l0O, anu on August 3, 1871, there
was sold to +. Hollander the lot recovered
from him and Diamond, including the claim
for rents and revenues, for $4,000, out of
both of which suma the purchasers retained
the six per cent claimed by complainant
was paid to him by them. Respondent has
collected nothing Of the rents from said
Creppell, he having become insOlvent Lripr
to the recovery OF Judgment.
The properly recovered from NJ. j: de Ii
zarVi and John Slidell was cold to Caritein
for $4,000. No judgment has as yet been
obtained against John Slidell or hts heirs
The property recovered from Isabella Jen-
kins was 'eoid Juhe, 1872. to j. O. "A. Eel
lows tor $500. The judgment against
Isabella jenkins for rents could not be col
lected, as she was insOlvent
The foregoing are the only properties re
covered by respondent in the four suits ar
gued by the compl t:nant, or as resulting
IRON. the force. OF the decisions in those
cases, and the only possible future collec-
tioDs are the claims for rents and revenues
from the city Of New Orleans in Judgment,
as set forth above, and the judgment in
name Of complainant. against D. A. Hen
non. and the claims against the heirs Of
Slidell tor rents and revenues reported ON
by the master but not yet in Judgment.
Respondent has not by compromise or
other wise recovered any money OF property
Of other persons than those heretofore mem
toned, by reason or force of the decisions
ct the Supreme Court in the said four cases
argued by complainant. But this defend
ant dt tnies that the complainant is entitled
to any commission, part, or parcel thereof,
as well because Ut his refusal to keep said
agreement az because of his desertion or
betrayal Of Der interest, and also because
more than three years elapsed before exhib-
iting said bill iu this .behalf-Washingto,
Tribune. august 26.