New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-03-04
WHOLE NUMBER SO33.
COURT RECORD.
SATURDAY, MARCH 8, 1877,

OhAteu Stntes Circuit Court.
Presentation E. G. Billings, district
= Herman Newgass VS.. John M SAndidge.--
Lewis & White We. Abatt & Co.-Judg.
ment for $1,000.
Z. = Chssa%0bury VS.. E. F. HerWig-ver-
trappes e. Coon trial and Jury out
Judge Billings charged the iury at
length, the following being brief synopsis:
This Is proceeding by which it Is at
tempted to have the firm of A. Lastrappes
d. Co. adjudged involuntary bankrupts.
Ibe requlsiee number and amount of cred
itors have joined. The making a mortgage
December 26, 1873, for sc, 900, is alleged an
act OF bankruptcy. II must have been done
with intent TO delay, defraud OF hinder the
debtors creditors. Alfred and Charlee Las
trappes and Mrs. Laundry united in the
mortgage lndlvldusIty. A. LastrRppes g.
Co may have been an ordinary, a distinct
being from commercial partnership. and
yet have committed an act of bankFuptey.
IL must be proved the mortgage was the act
of the partnership. The three members
jointly owned and conducted the business
1i culuVatng plantation in St. Martin.
10 mortgage 1t as a firm they had to ex-
eeute it together and act as individuals, II
was executed jointly and in solido, and it
was impossible for the firm to have mort
| gagged the several interests in any other
! manner. If you find it was designed to be
USED as IN an ordinary partnership, it was an
| act OF the hrm, then it must have been done
| with intent to hinder, delay or defraud their
creditors. 1t is question entirely with
/ you whether they had no creditors as ia
urged, or honestly believed they had none.
II you ind they had then you v i'll come to
| the intent Ihe presumption is in favor of
1 Innocence. If there was fraudulent in
tent, then the mortgage was an act of bank
| ruptcy. Ii is alleged that A Lastrappes g.
GO. being merchants and traders, stopped
and suspended and have not resumed pay
ment OF their commercial paper. You must
determine If the notes and drafts were COM
| meTcial paper, that IL, nj gotiable paper ae-
cOrding TO the law merchant. If YOU find
that all OF the members did specially au-
thorize its issuance, or if you are sat, SIZED
there had been a series of such transactions
for long time, well known to all the
mem bers and in accordance with the course
OF t,n business mess for uses of the partner;
paper of the firm. You must also find that
1t was made or passed in the course of their
business as merchants or manufacturers.
The suspending payment and failing to re-
sumo within forty days is en act of bank
ruptcy only OF banks, bankers, brokers,
merchants, traders, manufacturers or
miners" because their commercial paper 10
that upon which, in broad sense, the bust
ness of the world is transacted. If it was
issued by defendants as planters, then it
Is not within the perView of the bankrupt
act, and suspension of payment was not an
act OF bankruptcy. You are thus TO deter.
mine whether A. Lastrappes g. Co. were
, merchants or manufacturers, and did they
/ give this paper in a business which they
prosecuted as such. If the suspension ol
payment of the notes was caused by an
honest belief they did not owe, or had 8
valid defense against them then it was moi
, an act of bankruptcy.
Superior Criminal Court,
State vs. IL. Reed.-Carrying concealed
, weapons. sntence of $50 or thirty days
. State ex rel. Il. Otto Moses vs. keeper oi
Parish PrisOn.-Relator was COMMITTEES
from the First Municipal CoHrt for living in
; wait and shooting with intent to murdeI
DIR. j. K. Walker. Realtors counsel claimed
there was no lying in wait, because he had
, | revealed himself and had q seuifle with DR.
: : Walker before he shot him No arpument
was heard from the State. Writ maintained
the court holding the offense was bailablt
and the commitment Illegal, and fixed th(
bail at $1,000,
ON TRIAL.
! Periury-MOses Craig. No verdict up t
f IL P. NJ,
{ First District Court.
3 IEFoRMArIoEs.
Lareeny-JOhn Carr, two cases, Alber
: Carroll.
: Assault and battery-August Bsebe
PLEADED GUILTY.
, Assault and battery-Charles Otis.