The New Orleans Democrat., 1876-05-23

ss ss:s:..1s 60: ~: s ss bsss 'D2gs':: 2ss:s
cR sssSnS Ds SCf Ysh q ss
lsd - osai ilacsusry, y tSe share Il her TAT lat
sasaasa. %:1s q sSs psocssSs ssfs 70 b a''ss"0d
rsssss g. MS!ssn l.s n1ss; sas q!
.sp,ssso9s o9 ADDssl iSe% s!sth District oonrt
81 them. e dsisndans snd, soaaestsrsd. ID 6s ths
, polssses. upon which they caim the rvenrdor''ss
lien and privileges. Refendants answered. dis
claiming any ownership 9f or interest ID The
been sold and delivered q and paid for by Nor.
ton. Hiss h o.. through their agents. j. b. La
iltte Co.. prayed for citation 81 Morton. Hiss
Morton. Bliss 4 Go. iptervcaed, claiming TO be
that they through their agents. we're In posses
sion thereof whom the soquos ration issued. TO
date Of Tho saie By them, Morton Bliss % Co. se
y. Lailtte 4 20; and defendants were CONNER
was :es G. h ;esO dr the s
I s ss s K &C. sesq ssensSi ss u Sdnn
B!lss 60 the following:
with Sqssss pscs Hns 1871 i2ms T"pDor ss seea
Iour attention TO the enclosed letter from thsir
Mr. Tupper. The quantity protiueod of
th.se GRADES y. ID during the two last soasons hes
think bv controlling one. half the whole product
| Rp additional advance might be secured.
We hays bsen considering h IL matter ever since
the writer's returD. a,d we 10 fully convinced
that Y VIII pay very hnndsome profit upon tho
sble II you are disposed TO tako hold Of the mat
| tor"
Tho letter which Lantto Il Go. inclosed In the
refers in 40 manner to Morton, i;li4s Il o. 1t
appenrs. however. from the Testimony Of y wit
neas Tor @ nsgoiia'i2ns p had bosn
during tho summer. tho negotiations to be con
summated BY Latlt,e in New Orleans.
| Morton. Bliss n Go. answered the letter from
| Laiitto n %. ny telegraph Consult French
| fully whom you see him in regard to proposed
Latts IN his testimony. OK lains the mode In
| which the operations WI . to be carried out.
Defendants were 10 buy the moasses in their
ship n ihc name u Lafne X CO.. who were we're 10
hand them tho money n ON receiving the re-
copts. PROV. Hine & Tupper were 70 charge
for the moaasea ut tho price they paid. and In
addition aIl expenses incurred ny them. Tbey
we ~ to charge nothing r their aervices but tD
receve. one-fourth Of tho profits ~ thoir com
% suppose there should have been loss.
NJ .atte. what was tue md rstanding2 A.
Each 0 20 should have bprns hls share, sir"
1t Is out of ne of tho transa tions growing
out Of tne aboe agreement that this litigation
arissR.
We 500 nothing In tho agreements or course
of Il ade between the pa ties whi IN made Nor |
ton. Bliss Go. tho partners Of + leo. Hine A. |
Tupper.
Partnership Ia ~ contract made between
two or more parties for tho mutual psrtiei-
property. credit sk,iI or industry furnished 10 |
determined proportions by the rartios @ |
2so s Sassd Ypon the consent t the con
part ol Morton Bliss A. yo to.enter into apart
nership with Pece; Hine d iuppsr. Their
agreement WIS with J. Il. Laitie n Co |
That Il furnish q In |
with the amount Of money necessary
to purchase ,certap quantity and
by prlco Hinc Il ruppsr. AMI to bs paid for
when tho sam. ehoulI hava been ivered to
over letw ,on Morton, BIiss 4 Go. aud Price II no
,Ilas & 4 fi,n,,peSE i,,, They ha1 10 dsIi"ss VIII
ivcred to Prioo. uine 4 luprer and not 10 Nor.
ton. Bliss 90. Price. IIine luppcr delivered
il 70 t.iltte Uo ( r morton, Bliss 4 %. and re-
delivery VI rom c6a1raix Agar to M Price. p mine
Lgppsr. end =, !, from trie.. tIine Tnppcr by
fore. Mott,n' Bliss Il Co. property whom IL was
But II is further cootendod that inasmuch as
lassvs a. l,,ics HIns Tugper should mako
wese 70 bo divided b,twonn Morton, DHs 60.
!oro My,t n. Gliss we . the partners Of
! iG9. Ine 4 Tupper, and bound thenselv-s
for tho dHbts contragtod by them on account Of
and lossos il an element of partuershp. but II
docs not iteelf cons ltute y 1T ership in the
sense that ai the parties to such an agreement
arc commercial pnrtn"rs. and bound in soido
each for the debts contracts by tho other
II u party comes to me anu says I think
certain grad" Of cotton lst mo have the money
with which to buy II. md we wit share liie losses
or divide the profits" and give him tho money
required. tnir. docs rVt make mo his commercial
partner. If give him tho money. and he buys
tho cotton b d9es not pay Tor IT. am not
And this. u soeins to us. Ia what Morton. Bliss
\ G.. did. They gave the money to Price, tine
BY inan but They did not W give il until The ' m"ss
sea had been put In thcr bossession. And this
was in conformity with their asreement. They
exclusive control After delivery to th.Ih. Priso.
s" o TqaHrs S:s PS SsS ass p \ fh. es
II Inc Is we'll laid down. and tho difference bs-
tw.en ps,tqer1 anH oartGipssoS IL! u preas
o'",n"s y - dsa' ~. II n tr":':s ~" so.
Nasaris. . Die. se Nos. 50. 81 ~. Laca Die. %.
And so in tbs case boforeus. Chanraix 4 Agar
sold thoir property 70 Prtoo, Hine & Tuppor
They dii no, know Morton. bliss Il 20. ii tha
The prcrerty had been II Iansi rrsd to Morton, ,i1
when ! was soauesterod. !Mortoa. Bliss 4 60.
seizure to pay Price. Hine & Tupper'a debt.
Il ia worry hard case or ths plaintiffs, for |
property. But II must not be lost sight OF tlat
Chafrraix Il Agar sold their property for cash
aud allowed Prize, tino 4 Tupper 10 got pos
session OF II without tho cash boing paid. That
they did not record thcir privilege against II
and brought no suit to reco,er II uNtii some
eight days had elapsed after the sale. IL tho I,
il had passed. out Of tho poaa.,ssiot
y Pjre. ilino Il Upper into the possession of !,
" Bliss Co. who paid thor money tor it.
JhafraiN h Agar can only roco,uE nov from
Morton. Bies & Co., upun the around that they
wore commercial mariners II Frioe. Hiue
ruupcr. and this, We think, they were not
II Ia therefcre ordered. naiudteed and deroed |
hat NJ regards Morton. bliss Il Co. the lmda- 4,
nent OF the District Court ho nvoidod annulled
md reversed and that tllore be jud incut in
h'ir favor. nrd that the sc1uestraii"n hcrein
ssu be sat aside.
Jlsticee Howoll and Wyly dissen
Tho most pleasant brcoz.s. good hunting. DISH !,