New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-06-10
COURT RECORD.
FRIDAY, JUNE 9, 1876.


United States Circuit Court.
Judge Billings presiding.
N. w. Casey, receiver of the National
Banking Association, vs. John L. Sterry.-
Petitioner asks for 4l3,80O, claimed ~ due
BY defendant to the association. The jury
returned Q verdict for the full amount
claimed, with interest from judicial de-
mand.
Mrs. Louisa Gaequet James vs. the city
Of New Orleans.-Tnis is an application for
an injunction and receiver upon bill and re-
this: The complainant is the owner of six
of the wharf bonds. of which three are in
amount, at their par value, about $500, 900.
The Legislature authorized the city to CON-
tract debts for the purposes which these
wharf bonds express. The city in 1870 un-
dertOok to ple0ge the wharf revenue to
pay those bonds, which had till 1880 to
run, and for the payment of the interest,
and for putting into sinking fund
1870. the wharves being in bad repair, and
the city having NO credit, the city made the
present contract with Mr.. Ellerman, one of
the defendants, who was to have the entire
revenues for ten years, and was to pay the
interest and provide for the payment Of one
tenth Of the principal annually. There 10
no question as to the binding force of this
pledge. There is no question as to the
power of the city to pledge the revenues of
applied 80 far as requisite to the keeping
them in repair. But concediDg this, there
are three sets of rights. The complainant
has . right to enforce his control so tar as
it is consistent with the law of Louisiana,
and 30 far as it can be done equitably.
The defendant Ellermsn has . right in
equity to the incomes which have arisen,
over and above those which the city would
have derived without his expenditures.
And he must, on the other hand. perform
his part of the contract And the city,
which represents the interests Of the pub.
lie, has an interest in seeing both that the
c0mplainants' interest is paid and that the
wharves are kept in repair. Therefore,
think that the city authorities ought to be
left, certainly on the present showing, in
charge of these wharves.
If the court appointed receiver it woul0
only be with instructions to do just what
the city Administrator ought to do, name
ly: Collect the revenues and repair the
wharves. And there is NO evidence, nor do
l believe that the city authorities will not
perform their duty. And if the defendant,
Ellerman, has forfeited his contract by his
non performance, their interests and sense
of duty alike will prompt them to repossess
tho wharvee, and, 30 far a. is consistent,
apply the revenues to the payment of the
interest and the accumulation Of fund for
the payment of the principal. The city rep
resents all parties, and receiver could do
no more. Let the application be refused,
with leave, should there be some essential
change in the revenues, to renew it.
Thomas Barnes We. the New Orleans Pic
ayune Printing Company.-Judge Billings
yesterday rendered the following oral de-
cision in this case:
have looked through the chancery re-
ports to sec what chancellOrs have done
with newspapers. 1t il not the mere type
and paper and material used that make Q
newspaper, but it is the good will and popu-
larity. Now, in this case, if receiver be
appointed it will be simply publishing the
newspaper by this court through receiver.
Merely to state this is to satisfy one - to
it's impossibility. Chancellor Walworth in
q newspaper case decided that q court of
chancery should not meddle with . news
%ifP4S s%siP aSSe same. and should not 1teffefs &if6
the editorial management.
This court should not intermeddle with
the management of political paper. 1t
receiver be appointed at all he should hot
be appointed for . longer time than would
be necessary to sell the paper. The ap-
pointment Of receiver now would, In my
opinion. ruin the business of the newspaper
in question.
Annlioation for receiver was refused.
Da Poute vs. the Louisiana Lottery Com
claimed certain amount
Of money as due him as stockh0lder. De-
cielon against plaintiff.
United States District Court.
Judge Billings presiding.
Lower Coast Packet e 'mPany vs. 4. A.
that the plaintiffs re-
cover from defendant $40 30, with five per
cent interest from December "a, 1882, until
paid, and costs of suit.
Same vs. Lefrsnce.-Ju Judgment given by
default, plaintiffs to recover "a ~, with
interest at five per cent from April 10, 1874,
until paid. .,r ,o
with interest from September y. 1872.
Same vs. Paul Lefrance for "a 25, with
from November, 1874.
Same vs. Felix Duplessis for $4S S5, with
from September, 1873.
Same vs.. Martin Leon for $l2 50, with
interest from December, 1874.
Same vs. Robert Martin. Sr., for $47 ~,
with interest from April, 1872.
Same vs. NJ. Frowley for SIG As, with in
terest from January, 1873.
Same vs.. Robert Martin ct al. for 500 20,
with interest from January, 1874.
Same vs Empire Parieh Rice Mill Com.
pany 1Or $0Uo ~, WIVu MeoEooU AoAA ApAA;
1879.
The grand jury was discharged from at
tendance until further notice.
Superior District Court.
Mr.. B. r. Forman having signed bond
in $1,000 in the case of Roudanez vs. the city
Of New Orleans, the court ordered clerk
to inquire into the bondsman's liabilities.
It was learned that Mr.. Forman had not
paid his taxes, city or State, for severa!
years, and that there was . mortgage OF
$1,000 on his property.
Fourth District Court.
German Benevolent Society vs. Sebastian
Allzier ct al.-Jadgment by default against
NJ. Schaffer and Henry Bessamer.
Grand opening of Grand Hotel, at Point
Clear, ON June 1.