New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-10-26
COURT RECORD.
MONDAY, OCTOBER 25, 1875.
United states Supreme Court.

OAtOu SsotoO SupAChho SVuEts
McLemore VS.. Louisiana State Bank
Error to the Circuit Court for the District
OF Louisiana. In this case the plaintiff WAS
the owner of certain securities which were
in 1861 pledged to the bank as collateral to
q loan. The loan was not paid at maturity
and the collaterals remained in the posses
sion of the bank until it was put into liaui-
dation by, General Banks and its effects
transferred to military commissioners ap-
pointed to close it up. These officers sold
the pledged paper for less than its face.
The court holds that the plaintiff can not
make the bank responsible for the
acts of the commissioners, for no act
was done or omitted to be done by the bank
inconsistent with its duty. The bank has
shown good reason why it did not return
the pledges by showing that they were
taken from it by superior force against its
will and protest, and if loss has come upon
the plaintiff, the bank is not to be blamed
tor it. Affirmed. Mr.. Justice Davis deliv-
cred the opinion.
Matthews vs.. McStea.-Error to the Court
of Appeals of New York. This was an
action upon an acceptance of a bill of ex-
change by the firm of Brander. Chambliss
a. Co., of New Orleans, it being alleged
that Matthews, living in New York, was at
the time of the acceptance member of
that firm. The only question was whether
the partnership existed at the date of the
acceptance, April %, 1861, the war being
then hagrant. The court held that
the acceptance, still, as it had not
been declared or publicly recognized
by the President, it did not have the effect
to work a dissolution of partnership of
which a member or members resided in
New York and others in New Orleans. The
proclamation of April Is, 1861, is not re-
garded as distinct recognition of an exist
atafa nf vet ia that nf the nina
teenth of April which announced the block
ade. The reference to the people of Louisi-
ana in these. cases is to "citizens of the iu-
surrectionary States" and in the judgment
of the court the purpose avowed by the
President is inconsistent with their being
regarded as public enemies. Affirmed.
Mr.. Justice Strong delivered the opinion.
Semmes vs.. United States.-Error to the
Circuit Court for the district of Louisiana.
This was an action to recover certain prop
erty which was confscated on the ground
of alleged Irregularities in the proceedings,
and upon the suggestion of pardon by the
President. The court here sustains the pro-
ceedings in contiscation. and hold in sub
stance that the pardon can not restore
rights to property seized, condemned and
sold in the exercise of the sovereign's bel
ligerent rights. Affirmed. Justice Clifford
delivered the opinion.
Superior District Court.
In re drainage commissioners, etc.-In
junction prayed for by j. M. Hoyle refused
Superior Criminal Court.
INFoRMATIoNs.
Grand larceny-Ann McNulty.
Shooting, etc.-Martin Connors. -
Assault and battery on police officer
Ben White and Dan Shay.
NOLLE PROsEQUI ENTERED.
Carrying concealed weapons - FELTON,
Assault and battery-Otficer John Welsh,
not a true bill.
Attempt at arson-John Martin, true bill
October 6, attempting to set fire to the
premlsises of Mrs. Hines. on Girod street.
Bail fixed at $25OO.
Forgery, etc.-Benjamln Berkery, guilty
of publishing the forged name of Mr..
Charles BallejO to an order presented to
Mrs. Frederick Zansler, No. 427 St. Charles
street. April "a, on which he received tools
Robbery-Christian Kraft and Henry
Lamthkin. Not guilty.
RULE.
State vs.. Matt Hogan-Rule to show
cause why the sureties offered should not
be accepted made absolute.
First District Court.
PLEADED GUILTY.
AssauIt-Dan Shay, Ben White, William
Randolph. Henry Woods, John Henry, alias
Nibbs.
NOLLE PRosEQUI ENTERED.
Sarah Carter for assault and battery.
CONVICTED.
John and Margaret Welsh of assault and
battery.
SENTENCED.
Petty Washington Banks, eight
cen months John Thomas, two years;
Henry Collins, two years,
Assault and battery-Annie Miller, $40
fine.
Second District Court.
Succession of Pierre Henri Lemoine,
Fourth District Ceurt.
Michael Sweeney and James Cosgrove Va.
Louisiana Canal and Land Improvement
Company.-Petitioner allege they are
| largely engaged in the fishing business. en-
ploying fifty hands at the Tmbalier islands;
| that they own the luggers r. e. Leo and
John Cosgrove; that their expenses are $25
| per day; that the only route to New Orleans
| u through the defendants' canal. which Ia .
| public highway by law; that they have Al
ways paid tolls; that defendants should
keep the canal clear by Q dredge, but hav-
| ing failed to do % plaintiffs lost two oar
goes Of fish, and pray Judgment for $3.50.