Lafollye v. Carriere
U.S. Circuit Court for the District of Eastern Louisiana
The plaintiffs in these suits applied for and obtained writs of attachment against the defendants, A. Carriere & Sons, and under these writs seizure was made of various notes, bonds, and other securities. Subsequently, on the eighteenth of July, 1884, the defendants, A. Carriere & Sons, through E. L. Carriere and C. J. Carriere, surviving partners, made a cession of all their property to their creditors under the insolvent laws of the state of Louisiana.
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The plaintiffs in these suits applied for and obtained writs of attachment against the defendants, A. Carriere & Sons, and under these writs seizure was made of various notes, bonds, and other securities. Subsequently, on the eighteenth of July, 1884, the defendants, A. Carriere & Sons, through E. L. Carriere and C. J. Carriere, surviving partners, made a cession of all their property to their creditors under the insolvent laws of the state of Louisiana. James M. Seixas was elected syndic of the creditors, and he appeared in court and through his counsel moved for 'the dissolution of the…
1Opinion of the CourtPardee, J.
The partnership of A. Garriere & Sons, after May 31, 1884, was a partnership at will. It was dissolved by the death of Á. Garriere on June 4, 1884. On the dissolution the partnership property either went into the hands of the surviving partners, or in the hands of the probate court having jurisdiction of A. Garriere’s succession, depending on the nature of the proceedings had after the dissolution. So far as the plaintiffs here are concorned, on proper grounds shown, they could have an attachment for their claims against the firm of Garriere & Sons to run against the property of the surviving…
2Cited by1 opinion
- Shwartz v. H. B. Claflin Co.Court of Appeals for the Fifth Circuit · 1893