New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-10-17
COURT RECORD.
SATURDAY, OCTOBER I6, 1875.
United States Supreme Court.

"dher We. oauVinet.-Error to the Su-
preme Court of Louisiana. The plaintiff
here was sued in the State Court for having
refused to sell refres hments TO the defend
ant, though he offered to paw the usual
price Tor them, because he, defendant, was
colored man. The jury failed to agree,
Whereupon the court, under law of the
| State, gave Judgment for one thousand dol
lars, as exemplary damages, and the costs
OF the suit. The Supreme Court affirmed
the Judgment. and it is here urged by the
brier submitted, that the law of the State
which authorized this Judgment is void, be-
cause 1t assumes to regulate the relations of
the citizens, and Judgment in such cases
when the whole matter is under the federal
jurisdiction. Case submitted without argu-
ment. Durant and Horner for plaintiff in
error. Defendant not appearing.
Matthews vs. McStea.-Error TO the Court
OF Appeals OF New York. This action was
brought by McStea, of New Orleans against
Matthews, of New York, charging him as a
copartner in the firm of Brander Chcm
bilso II Co, of New Orleans, and to recover
the amounts of three acceptances and one
pr0mlss0ry note made in the name of the
iirm. The court declined to charge the
jury that by the state of war existing in the
State of Louisiana the copartnership was
dissolved as To Matthews, he being a resi-
dent OF New York. The court also refused
to charge that the war rendered notice of
the dissolution OF the cOpar tnership unnec-
| eseaiS' ~ Is mere urged that 1he request TO
charge the jury as indicated should have
been granted, and that the verdict should
therefore have been for Matthews instead
OF Tor the plaintiff below, in accordance
with the Instructions given.
United States Circuit Court.
Nicholas w, Casey, receiver of the New
Orleans National Banking Association
filed separate petitions against a. Levi
Placide Forstall, z. Irwin. Samuel Fried
lander, T. Lafon. George w Lee, Michel
, Legeai, Alfred Marie. Thomas L4ngidge,
William GoldenoOw. George Gliddeu, Louis
Cvmas, J. NJ. NJ. Dufour, Joseph Dreyt
w. p. Converse, Jr, Sheldon W. Clark,
George Cromwell, Jr., John Cromwell, II.
; Abraham, James Boyle, X. Bringier, C..
Barbe, j. A. Blatfer, NJ j. Brennan, p A.
Canton, Herman Curtius 1t is alleged that
! | the Bank of New Orleans, converted into
the New Orleans National Banking Associa-
tion in 1871. and failing October 1, 1873, be-
came subject to the liabilities imposed by
Congress; the assets and credits of the asso-
citation are inadequate for the discharge of
, | Its debts, and relator prays for the enforce
| ment OF liabilities on each individual de
3 PENDANT Total amount sued Tor is Sal ,450.
superior District Court.
The following petition was filed:
To the Hor. Jacob Hawkins Judge of the ST..
perlor District Court for the Parish of Orleans:
The petition of Sheridan Shook and II
|
Shook IL Palmer. who reside in the ci ty
and State of New York, respectfully shows:
That petitioners are toe sola proprietors
and owners OF a certain dramatic litarary
production, being the drains or play en-
titled and called the Two Orphans" petit
TONERS having acquired for valuable con.
: sideratlon, such ownership, from the au-
Y thors thereof, together with the sole and
q | exclusive right to give representations
a thereof upon the stages in the United
States; that they acquired said play in
manuscript, and have not either published
V | rcOnsented t. the publication of the same
!. nor by any act of theirs surrendered or for
teited their exclusive rights of ownership,
d and TO give such representations, as afore-
/ said OF the said play: nor have the authors
n OF sad play done any act, which would
deprive the petitioners of their exclusive
right in the premises.
: That said petitioners are also the pro
prietors and managers of certain theatre
in the city of New York, knogn as
p the Union Square Theatre, where
they have given representations of said
l. play; that said play is of great merit and
n value. and has, under such representation
!. at their said theatre, acquired great popu.
i laritg, and proved highly remunerative to
petitioners.
/ That petitioners have made arrange
t ments for the production of said plav at the
A Varieties Theatre, in the city Of New Or.
d That w. j. Cogswell of New York tbu,
a now temporarily residing in New Orleans
r. has publicly ANNOUNCED that be will give
representations of said play at the ST
Charles Theatre, in the city of New Or
Il leans, with theatrical company which he
q calls 'Cogsweli's Union Square Company ;,
the first of said representations to take
place at said theatre Sunday evening, De-
t tober IL; that B. DeBar, who is the owner
or manager OF said st. Charles Theatre, and
Robert Strong and p. Gleason, who are
: agents Of the said DeBar, all OF whom re-
side in New Orleans, are combined with or
y individually aiding, or about t, aid and
e assist the said Cogswell in the production
: OF said play at the place aforesaid.
Petitioners further represent that said
! Cogswell is without any right in the prem.
{, ises to give representations of said play,
( ''The Two Orphans" and that his theatri.
cal company Is not part or portion of, or
in any manner connected with the Union
8 Square Theatre, owned and managed by
, petitioners; that his use of the name OF
their theatre is without authority. and that
the production of said play by said defend
:, ants in the city of New Orleans will work
a great damage and injury to your petition.
I | ers, to wit: the sum of $1,000
And petitioners aver that the said defend.
ant, w. j. Cogswell, WILL unless restrained
l by the order OF this honorabl4 court, give
representations of said play called the Two
|
b. elsewhere, and that the said B. De Bar,
Robert Strong and p Gleason will aid and
| assist him in the production thereof, unless
also so restrained; that such illegal acts of
, | the defendants in the premises will work ir
, | reparable injury to petitioners, and that
, writ of Injunction is necessary to protect
petitioners rights in the premises.
Wherefore petitioner prays-the annexed
bond and affidavit considered-that a writ
OF injunction do issue herein, enjoining and
prohibiting said w. j. Cogsweli, b. DsBar.
Robert Strong and p. Gleason, their ser
wants, agents or employees, from the pro-
duction of or representation OF the drama
or play entitled and called the Two Or.
phans," either at the st, Charles Theatre or
elsewhere within the city of New Orleans:
and enjoining and prohibiting the said b
DeBar, Robert Strong and P. Gleason, their
agents or employees, from permitting the
representation of said play at the said ST.
Charles Theatre; that said w. J. Copswell.
b. DeBar, Robert Strong and p Gleason be
cited to answer this petition and that after
due proceedings had that said INJUNCTION be
' made perpetual; and that said w. j. Cogs-
we'll, b. DeBar, Robert Strong aud P.
Gleason be condemned in solido TO
pay petitioners the sum of $4,000 and
all costs of suit. And petitioners re.
serve the right to proceed for and recover
such other damages as they may suffer in
the premises.
And petitioners pray for general relief.
j. ID. ROUSE,
Attorney for Petitioners.
Charles T. Howard, being duly sworn,
deposes and says that he is the agent of the