New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-01-08
COURT RECORD.
THURSDAY, JANUARY 7, 1875.

Supreme Court.
The following decisions were rendered on
the fourth instant:
BY JUSTICE TALIAFERRO.
No. 1862. Race, Foster & K. T. Merriok
We; Emile LaHache, St. Louis Piano Manu-
featuring Company, inteFvenors.-Fromt the
Fourth District Court. Plaintiffs leased to
defendant. for two years, che stOrehOuse,
No. l42 Canal street, at $500 per month.
Defendant abandoned it in about month.
Plaintiffs obtained a writ of provisional
seizure against three pianos, which had
been removed some days previous to the
issuance of the writ. The intervenors
claimed ownership of the pianos, which had
been placed on sale on commission by them,
and removed without their knowledge
and consent. The court decided that
while the effects of a third person are
equally with those of the lessee made sub
ject to the lessons privilege, by article 2707,
K, s., such privileges being STRICT jHriS, it is
precluded from assuming that the effects
of q third person are effected after removal
from his house or store. Judgment against
defendant, in favor of intervenOrs affirmed.
No. 57l3. Daniel Scully VS.. Canal and
Claiborne Street Railroad COmpany.-The
plaintiff sued for $500, which he alleged he
lost in the value of the stock of the oompa-
ny caused by its own acts done in violation
of a contract with him. Defendants enter
ed general denial that he was a stock
holder of 100 shares or a member of the
company, and appealed from the Judgment
of the lower court in favor of plaintiff,
Judgment annulled and reversed, plaintiff
paying costs In both courts.
No. 53lS. Succession of Francois Babin.--
From the parish court of jefferson. 1t IS
ordered that the account of the administra.
trix be homolegated and approved at the
cost of the succession.
No. 1905. IL. L. Lee VS.. f. G. Noel-From
Sixth District Court. This suit is brought
by the captain of the steamboat Alabama
against the defendant as cOnsignee for
$3.50 so freight on POI head of beef cattle
brought on the steamer from Shreveport to
New Orleans. The answer was a general
denial. Judgment in favor of defendant
was appealed from. On arrival of the boat
at the stock landing defendant found cattle
in wretched condition of poverty and ex-
haustiOn; some fifty had died on the trip,
and he refused to receive them. The cap
tain proposed, to cOnsignee that he take
them and sell them, or send down G. Mayne
TO sell them, authorized to act in behalf of
owners in Texas. Consignee received the
cattle on these conditions. The sale did
not realize money to pay commissions and
expense of selling. There seems TO have
been no means to pay the freight, and the
cOnsignee was not responsible, because of
his refusal to receive them, and only re-
ceived and sold at the request of the cap
tain, and there is nothing to show that he
acted in bad faith. Judgment affirmed.
No. 354l. Flash g. Co. VS.. A. W. Norris,
Reynolds, Bowling & Co. gRrnishees.--
Plaintiffs alleging that defendant, an alb
sentee, owes them $4l0O, proceeded against
him by attachment and took out garnish-
ment process against Reynolds, Bowling q.
Co. This firm contracted for certain work
for the New Orleans, Mobile and Chatta-
nooga Railroad Company, between New
Orleans and DOnaldsOnville. Norris was q
sub.cOntraetor; contract stipulated pay
ment of ninety per cent Of work done in the
previous month should be paid on the tenth
of each month, Norris to pay all laborers in
his employ; If he failed MessTs. Reynolds &
Co. to retain in behalf of the wOrkmen, to be
disbursed to the best interest of all parties
concerned, such an am0uat as they deemed
proper. Judgment was rendered against
Norris for $2989 and against the gar
nishses fer Sl563 10. On the same day
a rule was taken against the garnishees
to show cause why they should not be
compelled TO paw the balance in
their hands after dednctiag the amount
of the Judgment against them, say the
sum Of el37l. The plaintiffs contend that
the garaishees have admitted an indebted