Legal Action re Joseph Lasalle

 

 

 

Suit brought by Thomas C. Cash syndic against Giraudeau & Lasalle, tutors of minors of Giraudeau:

- To the Honorable the Judge of the Parish Court in and for the Parish and City of New Orleans ---

The petition of Thomas C. Cash, a resident of the city, syndic of the creditors of Joseph Lasalle an insolvent respectfully shows--- That in June 1831 - (line disappears in old fold) - from Madame McCarty Montreuil two certain lots of ground situated in Faubourg Montreuil known as number one and two in Square No. 3 on a credit of one two and three years for the price of $300 each.  That she gave therefor her three notes for the sum of $200, drawn to the order of said Joseph La Salle and by him endorsed.  That two of said notes were paid by said purchaser and that the other remains unpaid. 

That said Miss Giraudeau died in the month of February 1833 leaving five children named Gabriel, Elizabeth, Joseph, Emelie and Chatharine.  That previous to the death of said Giraudeau, said Lasalle by and with the consent and at the instance of said Giraudeau laid out and expended in the building of two houses one on each of said lots the sum of $5000.  Petitioner avers that said joint interest in said lots and the building still continues and remains undivided.  Petitioner further avers that in the month of (blank) last said LaSalle made a surrender of his property and after same was accepted by your honorable court and after due proceedings had - (unreadable line due to age of document)- appointed syndic. 

Petitioner avers that by reason of the premise the creditors of said La Salle became vested with all his interest in and to said property.  Petitioner avers that it is necessary to sell said lots and the buildings thereon and divide the proceeds - (unreadable due to fold)-. Petitioner further avers that said children are minors and have Bruno Giraudeau free M of C as their Tutor for said Gabriel, and said La Salle as Tutor for the others.  Petitioner therefore prays that said Tutors be cited to answer this petition.  That experts be appointed to appraise said houses and lots by fixing the value of the lots without said houses and by fixing the value of said houses without said lots.  That judgment be rendered directing a partition of the proceeds of said lots and houses to each of the parties having an interest thereby a ratio corresponding with said appraisement.  Petitioner further prays that said property be sold for cash and the proportionate value of said houses be paid over to your petitioner and costs of suit.  And prays for such further relief as the case may require.  (Signed: M.W. Hoffman, Attorney)

 

- To the Honorable Judge of Court in and for the Parish of New Orleans:

The answer of Joseph Lasalle of New Orleans tutor of the minors Elizabeth, Josephine and Emelie Lasalle to the petition filed against him and Bruno Giraudeau in this honorable court by Thomas C. Cash of New Orleans, in his capacity of syndic of the creditors of Joseph Lasalle.  This defendant for his answer in his capacity aforesaid of tutor, says that he decries all and singular the facts and allegations contained in said plaintiff's petition.  And this defendant further says that the lots of ground mentioned in said plaintiff's petition ought to remain unsold because they are the property of the aforesaid minor children, and the buildings alone sold as they belong to the insolvent.  Wherefore this defendant prays that judgment may be given against the petitioner's demand, and that said petitioner be ordered to take off the buildings from said lots of ground.  (Signed: C.A. Canonell)

 

- The answer of Bruno Giraudeau f. m. of c. as tutor of Gabriel to the petition filed against him and Joseph Lasalle in this honorable court by Thomas Cash of New Orleans, in capacity of syndic of the creditors of Joseph Lasalle. 

Humbly represents that in the aforesaid capacity he denies all and singular the allegations in said petition contained.  And this defendant further says that the lots of ground mentioned in said plaintiff's petition ought to remain unsold, because they are the property of the aforesaid minor, and the buildings alone sold as they belong to the insolvent.  Wherefore this defendant prays that judgment be given against the petitioner's demand, and that the said petitioner be ordered to take off the buildings from the said lots of ground.  (Signed: R. Roupeau, atty.)

 

 

- 5 July 1838: Case brought by his creditors:

States Joseph Lasalle is "a shop keeper and has for a long time carried on his business diligently and honestly, until by losses and misfortunes, the ---- of the times and the scarcity of money he finds himself unable to pay his just debts."  He owed over $32,000.  He had assets worth over $15,000.  This left him with "the clothes and linen to my use and that of my family, my arms and militia accoutrements."

 

 

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