New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-01-08

retain, which plaintiff AYERS thew have
failed to do. The garnishees hold that their
answer not being disprOven, must be taken
as true. Norris, under his contract, could
not claim any sum retained by them. No
answer to the rule was fled, but it was
tried contradictorily between the parties
and dismissed. From this judgment plain
titfs appealed. Ia the case of Oakley ct al.
We. the Alabama and Mississippi Railroad
Company, IL L. X. $40, it was held that the
liability of garnishees is to be tested by
their answers to interrogatories, when the
truth of those interrogatOries have not been
disprOved. Subsequent decisions are to the
same effect; Is An. D. l37; ibid p. 253; IS An.
p. 365. judgment affirmed.
BY JUSTICE MORGAN.
No. 5444. Milton Benner vs. w. Van
Eorden ct al.-FrOm the Fifth District
Court. Defendant, Van Norden, is sued on
a promissory note for $500, dated June 10,
1874, payable in seven months. Defendant
Palmer is sued as guarantOr. Defense al
leges that it was given without legal con-
sideration, grew out of certain transactions
of the Mississippi and Mexican Gulf Ship
Canal Company, a corporation established
by the Legislature, and 1t is void. Evil
dence in record shows that Benner was
acting with desire to force money out of
Van Norden without pretence of right
thereto; that the stock made pretext for
HIS dbJcnlDL was WOILhiOsb Hnou Nc lndub
it. Courts of justice should be barred to
such suits and sHitors. The principal obi
cation is declared null and the surety dis
charged. Judgment in favor of defendant
with costs in both suits.
No. 1897. James S. Rogers VS.. Robert
ROberts-From Fourth District Court.
Plaintiff sued defendant for $685. 62, on a
freight contract He alleges that he agreed
to carry single elaret slaves for defendant,
to be about one and half inches thick,
five inches wide. and from thirty-six to forty
inches long, at $5S per 1000; that during his
absence defendant caused slaves of much
larger dimensions to be stored in his vessel,
by which he was enabled to carry only
&c, 100 slaves instead of 30 900, as he would
have done in compliance with contract; that
he demonstrated with him while loading,
and only permitted it to proceed on assur-
ance that it would be made right. Testi-
mony is contradictory. A witness in BOr-
deaux who measured the slaves fails TO give
their length and breadth. Plaintiff signed
bill of ladfng, and protested atterward.
he should not have signed the bill of lading,
or have protested at the time of signing
The case was nOu-suited in the lower court.
Plaintiff has failed to make out his case, and
the judgment is affirmed.
No. 1924. Charles PleasantH VS.. William
Stackhouse ct al.-tTOm Fifth District
Court. At various times during the year
1873 plaintiff furnished Stackhouse feed
and corn for mules and hands employed IN
cultivatiDg Bellechasse plantation. August
8, 1873, plaintiff received 3 siXtY-day draft
on H. +. Given & Co. for 1858 SO; Septem-
Der Is, 1873, he received two other drafts
on the same parties, one of 1914 40 for sixty
days, and one of 1916 46 payable in ninety
days These drafts were accepted by the
drawers. On December 4, 1873 the drafts
being unpaid, plaintiff instituted suit
against Stackhouse for his indebtedness
and representatives Of III. +. Given g. Co..
which firm had been dissolved by the death
of Given, for the full amount Of the three
drafts. He claimed a privilege upon the
crop of Bellechasse plantation, and seques.
tered portion in the hands of d. A. Given
and L. j. Doise. This order seems never to
have been executed Stackhouse sued per-
sonally, admitted The allegations of the pc
tition, and excepted to the jurisdiction of
the court The EXCEPTION was ignored, and
judgment rendered against him, from which
he appealed Fieri facias issued, and
Given and D0ise were garnisheed. The &C.
counts between garhishees and StackhOuse
were closed December l, 1878, and showed
an Indebtedness To garuishees of $l42 81.
Garnishees were perhaps instructed by
Stackhouse not t. pay his note Of $500,
but he had previously instructed them to
pay iu, and they had agreed with Bell to
pay it. However, it may have come into
their hands, it wss an Indebtedness from
Stackhouse to them. The same may be
said of the item of $500, at the date of
notice of seizure. Judgment of lower court
in favor of garnil hees confirmed.
No. 1886 Frederick Belden VS.. Read g.
Hunt.-FrOm Fourth District Court Bel
den agreed to furnish Reed & Hunt with a
stock of hats AMI straw goods, in value of
from $4,000 TO $4,000, at invoice price and
three per cent added to cover cost of trans
pOrtatiOn; to bereceiyed by them as a con-
Segment owned by Belden, and to be in
sured in his nSme The proceeds of sales
were to be turned over to Belden every
week until hll the goods had been
paid for. At the expiration of the
term Of agbement Beiden was to
take the unsod goods at appraised value
and be liable fr one-half of losses, and en-
titled to one half the profits. The portion
of each party to be realized when goods
should have ben fully paid for to Belden.
Plaintiff avert violation of agreement in
failure of weekly payments and state
ments of saleh and claims the merchandise,
books, etc. Fearing deprivation of his
rights, he prayed for writ of sequestra-
ton. On thdsame day an attachment was
applied for 1 rule was issued to set aside
the attachmAt. The district Judge con
sidered the agreement between the parties
contract bf partnership, and until the
rights of parties were settled, plaintiff could
not swear tdamOunt due, and dismissed the
attachment Of this plaintiff complains
In our opinbn it was not. Partnership inn
plies community of goods and proprie-
tary Interest therein. 1t was simply con-
Segment, dkpressly stipulated as the prop
erty of the plaintiff, and he was entitled to
an attachHbnt. Judgment of district court
is annulled and reversed, and the case re-
manded tqproceed according to law.
SiDeriOr District Court.
The sui of George S. Lacy VS.. city of
New ORLEANS, for fees as City Attorney,
was argudl and continued.
A veDir facias has been issued for the
drawing II a panel of fOrty-eight petty
jurors to Perve on and after Monday, the
eighteenth instant, as may be required.
First District Court.
Assault and battery and larceny.-Dan
NOrdan ind John Williams, whose cases
were tixdl for trial to-day, were remanded
to prison and their cases continued, on mo-
ton of & district attorney.
Assault with intent to commit rape
Michael Roman and Bob Lanzy, on motion
of their counsel, had their cases continued
until tip fourteenth instant. An attach
ment ished tor absent witnesses. Roman
was rehanded to prison, and Lanzy was
DISCHARGED until that date.
Assault and battery, larceny, etc
PrisOn&s Salem Tillman, James Henry,
Maggie Williams, Flora Hill, Fred Will
liams, md accused Robert Jonas, were re-
manda to prison, their cases being con-
tinuedl Excepting Jonas, who was discharged
until De date fixed for trial.
INFoRMATIoNs FILED.
Asst nlt and battery-William Ludinger.
Lar
Second District Court.