New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-02-03
COURT RECORD.
TUESDAY, FEBRUARY 2, 1875.
Superior District Court.

TUESDAY, FEBRUARY 9, 1875.
Superior District Court.
| NEW TRIAL.
In the case of the State of Louisiana We
Charles Clinton Auditor, Williams l. Guion
| intervenors, the rule for a new trial wae
! dismissed. The decision Of Judge Hawkins
adverse to Williams & Guion, as holders OF
81, SOC, 900 of Chattanooga railroad bonds,
| declared to be null and void, appeared in
the REPUBLICAN of the twenty-fourth ultimo.
State of Louisiana ex rel. Mississippi and
| Mexican Gulf Ship Canal Company We.
Mayor and Board Of Administrators, ETC.
The supplemental petition of the State of
Louisiana, on the relation of the Mississippi
and Mexican Gulf Ship Canal Company,
| represented by John Mathers, Jr., it's presi.
dent, shows that by section eight, Of act
| No. 80 of the General Assembly of 1871, it
is provided that at the end of each and
| every month an examination and estimate
| Of work done under and in pursuance of
| said act shall be had, and upon the pre-
| sentation Of a certificate required by said
| act, it was made the duty of the Ad-
ministratOr Of Accounts of the city of
New Orleans, to draw a warrant or warrants
on the Administrator of Finance OF said city
| in payment of work so done, at the rate in
| said law prescribed; that it was made the
UuUy VI edlu ttuu1lulslIdtOI Vi luduCS u
cash such warrants on presentation thereof
| to him, in case there he any funds in the
| city treasury to the credit Of the Mississippi
and Mexican Gulf Ship Canal Company; and
should there not be any funds in the city
treasury to the credit of said company to pay
| said warrant or warrants then and in that
| case the said Administrator Of Finance was
| required to indOrse upon said warrant or
| warrants the date of the presentation there
of, after which date the same shall bear
interest at the rate of eight per cent per
annum until paid.
Now, relater shows that Warner Van Nor
den, mentioned in REALTORS original petition,
has constructed and completed certain work.
in conformity to said act No. 30, amount
ing to not less than $4,000, for which he is
entitled to demand and receive from the
said Administrator of Accounts warrant
| or warrants, as authorized and required by
the aforesaid section eight; and lor other
work done and completed under and in ac-
cordance with said act No. 80, the said Van
NOrden is the bona fde holder and owner
of warrants, issued under said section eight,
to the extent Of $50, 600, or thereabouts.
Wherefore. relator prays leave to file this
supplemental and amended petition; that
the service thereof be made; and that rela-
tor have Judgment on the said original
petition prayed for, with costs and all
general relief.
Fifth District Court.
John S. Walton VS.. Southern Express
Company-Plaintiff was assistant United
States treasurer at New Orleans, December
IA, 1868. Daniel Mcclure, an assistant
paymaster Of the United States, appears to
have drawn a draft on him in favor of
Lieutenant William E. Knsbury or order
| for $233. The draft was presented by the
| Southern Express Company, which had
previously Endorsed it. 1t was paid by the
| cashier to the company. In 1873 this suit
was fled. During this long interval it was
discovered to be forgery. Plaintiff was
attorney to pay the amount to the United
States. Plaintiff paid only on being assured
that it would prevent suit against himself
and sureties. Cashier E. H. Chadwick
paid it. Plaintiff was confident he was not
legally liable, but submitted to save his
| sureties from annoyance. More than five
years elapsed between the payment of the
forged draft and the institution of this suit.
Under the peculiar circumstances, the i'm
possibility for plaintiff to have known
the forgery prescription does not apply.
Plaintiff is suing to enforce a personal
obligation to refund money paid through er-
ror Of facts superinduced by defendants act,
the Endorsement of the draft What was
the effect of the Southern Express Com
pany's Endorsement! Storey on Promisory
Notes says, section l18, 1.-THE holder trans
terring note 10y indorsement) is not ex.
empt trsm all obligations or responsible
tiles, but he incurs some, although of q
limited nature. First, he warrants, by
implication, unless otherwise agreed, that
he is a lawful holder, and has just and
valid title to the instrument, and a right to
transfer it by delivery, for this is i'm
Piled as an obligation of good
faith. In the next place he warrants
in the like manner, that the instrument is
genuine and not forged or fictitious; Sec.
! Is and $50, Bayley on Bills; Quincy va.
Wommersley, % Eng, Law and Eq. K. $50,
Gritty on Bills. Both parties being equally
ignorant OF any intentional wrong, which
OF them should bear tie loss! Authorities
vary. Judge Story holds that "the weight
of reasoning and the weight of authority"
holds the transferrer responsible. Chitty on
Bills, Oh. 6, p. 81 eighth edition), sanctions
his conclusion. The Endorsement of the
draft by the Southern Express Company
caused Walton and Chadwick to credit it,
The court is of opinion that both law and
equity authorize judgment for plaintiff.
Fourth District Court.
Charles H. Reed vs.. j. K. Warner-Judg-
ment for plaintiff of $40 and costs, in salts
faction of lease.
Henry Lagardere, administrator, VS.. G.
G. kehl and d. Habis.-Judgment for plain
tiff on default.
Superior Criminal Court.
Judge Atocha and District Attorney Nc
Phelin are opening the month briskly, as
will be seen by the following record of
Monday and Tuesday:
INFORMATIoNs FILED.
Assault and battery-Anthony Anderson.
breaking and entering in the night time
with intent to steal-Lucien Bertrand, Paul
Victor, Martin Livingston, Joseph Landry,
]. Williams, George Francis.
Embezzlement-Henry Braun, Caroline |
Lee, George Shirley, Joseph Fowler.
Accessories after the fact to the crime of |
Observation-Disclosures II. Barnet and
Morgan Cammack.
Carrying concealed weapons-Char]es
Evans, Charles Ross, J. A. Kelly, George
Arupp, Edward Earles, John Slaymaker,
B. Zahn, Edward Alexis, Pat Collins.
Stabbing with dangerous weapon with |
intent to commit murder-Jobn DAILY, |
lanes Ross.
Shooting with dangerous weapon, etc.
\. Steingall, Joseph Frennell.
Assault upon a etrOpOlitan-David
ireen.
Robbery-Patrick Doyle and Thomas
)onnelly.
Burglary-Walter Manuel.
NOLLE PRosEQUI.
Carrying concealed Waapon-Ed Alexis |