The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-13

| Ilfthe case Of Oscar Chopin VS.. j. N. Clark,
Alexander County Bank, intervenor, Judge
| Rogers, of the Fifth District Court for the
| parish of Orleans rendered yesterday the fol
lowing interesting decision o
| The defendant. a resident of The s ate of Mis-
souri,, had for soms time heeu ii customer OF
| uaintif, u commission merchant in this city
/ May 1877. the defendant was indebted TO
| plaintiff in the sum Of sl042 TO- aud advised
hmoplaiDtin, Of 1923 sacks of corn on WI arr
| The plaintiff refused the assignment, and on
the nineteenth If M ~ attached tue 1893 sacks of
coru. The defendant had. On May ID. discount
cd his draft on plaintiff I tsn days fe 1880. the
disc nut being mace Try the Alexander County
| Bank. the intervepor In this cause. Ibis draft
| was presented to pluiniiT for acceptance, which
| he refused TIE proceeds Of the sale Ot the-.
| 1923 ,cks II crn ire claimed by inervenur for
the reason that this advance was made by tn"
bank on the draft He price Of The corn, and the
| wharfh 'at receipt and bill of lading were at the
| same time delivered to interven Il.
Chopin claims the proceeds by reason OF his
| attachment and tho Indebtedness to him Of
| CLARK. and urges that the bank has no right
por to ., his u.s. claim there Ws neither afsiIa
| MY attention has been called by counsel for
plaintiff to the following facts, viz. the draft is
| dated May 10, and was discounted n May "A:
the wharf boat receipt was dated May -. and
the b Of adhg ds ,hs to ,h9 bank w sn
| Barge Company was dated May 49,. see from
these facts nothing that would justify on ,u-
SION even Oh 1T RulaIitV, Hhu hol I'he tolnts
$1 way not N "s sr bills q sags o 81
the same shipments 10 be slgnssd at ditter-
case Il d. Il E. D. aoeaupted in II ohio st,
p. SD: Where several bin Of lahing have
poen az I'm, le,, eh9e - 70 10 nha 70 u,ne
! persons who first gets one of them by legal tule
cor co.'s sgpme M take 1or gra s usn ~ that
the claim of the bank is not dispu ed by the
plaintiff except as it affects his rights to the
suit as it Is fully Established by The e evidences. "
me Whaflonht rev elpt ana Plli VI I.ding was
aeisIna ~ we VI ute WIS Nv
assi,nmont n, indnr. srant ven otto"had ~
e. ~ ~, - u o. w." inn ~
nr eretanna IL ~ ydenea ,h me
In Is ~ esaInre '' ia W. th, Gus
~ ot ~ no ~ h eV rne VI u. N
Mehs NAN 'ne 9envstS o. .he rec, ip.s ana p e
W stirs, anu wy, ish t'mt ronGei 10. Iod
p,a,n. rroed tt i m ~ sueii 10 me
c.Huh plVNe,'' .h't US ~ " tlaie ~ =. lilnstsI
oil ,aet: noi ot pp,onf ~, ~ my oe pfov9u 4y
Witnesses test,lying OF l,s exlse1ce ana UNI"
iorm,ty from their knoWlodge; obtained by Do
servh,on Q, whht Is btal,eed py inens ewes
ana others IN me tfnIe 10 Wnlch u fe es but
etaer upon NE contFae. or tne lega' tltie o., or
ghts OF paft'es. are nor com petent TO snow me
n naanR1s 1oree VI 'ne ustse ll' MASS
Under this prinncitle which cannot be eontro-
! VeI'eu, we may lllustra o: -,
usage OF tIade unreasonable is Invalid 1or
custom %, must Ds Ieasona, ~ IN ltsslf. or u
must Dc Rr2,ulg!ed on certain ana reasonable
| cause; aud further. q cus ON must not be- found
cd IN nor rest on error: Tor no usage or custom
AN ptsVa asans, right reason 10 me law t o,
naturs' . ines prlncln,es lowing from the
'ntIondoM usdat" pr,pat contmtmem tegent. -.
ln applying the law suggested by plhlntll,
underthe construction which nave Just glven.
t9 ne facts OF this Gaze. am unabl TO conclude
that 1t i authority for proper judgment bee
tween the parties before me.
find this to be the law Without exception:
A receipt gwen by Warehouseman Tor prop
erty Dfa ed u his possession Tor storage Is not
in lechnic'N sense, like bill Of exchange. d
| nego liable instrumt mt. but 1t merely stands In
the nlace Of the property it represents and
| delivery Of the receipt has the same effect ia
| transferring the title to the property as to the
delivery of the properly" 40 ILL.,, 800: 10 Ohio
| Stat 42!.
| Receipts of this kind are instruments SUI
| generis, t.d such from long and general use
in G mmerce and trade have C ,,me to have
well understo d import among business men
All these various Instruments speak a well un-
| derstoOd language among commercial men,
| which ought not to be c0nfOunded. or perhaps