New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-02-16
COURT RECORD.

| OF OacOn rOlllnG over MN. Ills leIt leg wa
| broken.
COURT RECORD.
MONDAY, FEBRUARY Is, 1875.
Supreme Court.
| Members of the bar are notified that OF
Saturday, tie twentieth day of February
! 1873, cases on the city docket will be called
and set down for trial for the week. com
mencing with Monday, the eighth day o.
| March, 1875.
| Superior District Court.
| State ex rel. Mississippi and Mexican
Gulf Ship Canal Company vs.. Mayor and
| Administrators of New Orleans.
State ex rel. Warner Van Norden va same.
| Both cases consolidated, and tried to-
| gether.
| Mrs. Phileppina Zimmerman Va. D. w
Fitch.-PetitiOner alleges her step-son. C.
| II. Zimmerman contracted with defendant
for the sale Of the jewelry store on Canal
street; that the sale was without consider.
alton, except debts to defendant and other
creditors; that he was insOlvent, and de.
PENDANT was aware of it; that the sale was
cOllnsive, and intended to defraud other
| creditors; that petitioner is creditor to
the amount OF $1,000; that defendant is dis.
posing of the property, which amounts to
AUOuU Tfu,UUO, duu tudV tucT0 dTe OOuUtS VI
the solvency Of the custodian. Injunction
prayed for and issued on bond Of $4,000,
with order for the appointment of a receiver.
Superior Criminal Court.
State vs.. Earle and Garvey.-Murder.
On trial, a full jury being obtained.
First District Court.
NoLLE PRosEQUI ENTERED.
Assault. etc.-William Haywood, X. Mas
caro-, j. d. Lefevre, John Leary and Bell,
Jacob Schilling, Dennis Downing.
INFORMATIONs FILED.
Larceny - Marshall Ballet, Andrew
Wicker, Francois Belknap, James Williams,
Eugene Jones, Mrs. Cameron.
Assault and battery. Williams, Eugene
Doherty, Bell MCGEE.
Knowingly receiving stolen goods
George Gerry.
PLEADED GUILTY.
Assault-Michel Carroll.
SENTENCED.
State Va. John Henry-Larceny; one year.
State vs. Pierre Walker. -Larceny; one
year.
State va. same.-l. Entering dwelling
house in the night time, etc. =. Larceny.
First count, three years; second count. one
day.
State VS.. G. l.. Lambert ct all. Wound
ing less than mayhem. =. Assault and bat
terry. G. l.. Lambert and Charles Foster,
guilty on first count; James Robinson, guilty
on second count; Dennis Henry, not guilty.
JURY.
Thirty-six names have been ordered to be
drawn from the wheel for jury for March.
Second District Court.
SUGGESTIONS of Francois Pace and Joseph
AlphOnse PessOu opened.
Albert Fasnacht prays to be emancipated.
Fourth District Court.
Louis Lalourie We. Mrs. Julie Name
Judgment for plaintiff.
Jeremie Collum VS.. Edmund II. Ire
pagnier. for plaintiff.
Fifth District Court.
Judge Cullom rendered the following
decisions:
Isaacson, Seixas & Co. va. Hibernia In
surance Compauy.-Plainttfs sue on an
open river policy for goods worth $50,
shipped on Era No. 10. hut invoiced as Oh
Lotus No. 3. the plaintiffs clerk neglecting
of the Era No. l3, defendants collected the
premium, and were aware the goods had
been on the Era No. l3 instead of the Lotus
No. 3, but subsequently, refused to pay the
amount insured. The defendant pleads
there vas no error ON their part and no
liability for loss; that the collection of the
premium was according to regular custom
and an oversight, and should have been
deducted. The policy being an open one,
would cover shipment on any good boat
if the plaintiffs had not stipulated for a
particular one-the Lotus No. 3. The col
lection of the premium after knowledge of
the boat on which the goods were shipped
and notification of the loss was not con-
firmation under the authorities cited-lS |
Ohio, 1l6; 2 Psrs: ms, 80; Thomas
vs.. Scott, 3 r.. 256; Marigny We. Union
u oh
4 A., l4S, because the contract did not exist. |
Until the acceptance of the premium there |
was no contract of shipment on Era No. 10, |
expressed or implied. 5 Mar, 80; Hen. |
Dig, 5l2 3 ib., l0ll; Mesurier VS.. Vaughan, |
East, 3S2; Hall vs.. Molineaux, ill.,, 1856;
[onides vs.. Pacific Ins. Co., 2 Eng, GA; Sea |
ms. Co. VS.. Fowler, 81 Wend, 600; Duer
ms, l69; Arnold ms, 40, l72; Herne vs.
New England Ins. Co., U. 5. S. C., Oct. T.
S4. The collection of the premium, after
he insurance company was made aware of
he shipment on Era No. ID, was an approval
md an agreement to pay the policy. Judg-
nent for $50, less credit for salvage.
Sarah K. Carroll, executrix, vs.. johnson
L Goodrich. Suit on note of $4,000 by
defendants to plaintiffs husband. Excep-
ion that the citations on defendants were
o answer the personal suit Of plaintiff, the
yord executrlx being omitted. The petition
= for the use of the estate of the deceased.
he nature of demand is to be learned
rom the allegation in petition and the
rayer. Neither the title nor the citation |
re- part of the demand, any more than
he caption of an indictment is part of it.
Arch. G. F., 81; People vs.. Jewell, 3 Wend.,
10; State VS.. Briekell, N. Car, 354; Nc
lure Va. State. l Yerger, 260; State vs.
Iunter, Harr., 533. Exceptions overruled.