Beard v. Simon
Supreme Court of Louisiana
APPEAL from the Sixth District Court of New Orleans, — This is an appeal by-Beard from a final judgment in favor of Renaud, in a revocatory action, to set aside a transfer of a bakery from one Simon, the debtor of Beard to Renaud, for fraud and simulation. Pursuant to C. C., Article 1970, Simon, as debtor, was made a party to the revocatory action of Beard, against Renaud, in the original Court, but before this Court only Renaud is a party appellee to this appeal.
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APPEAL from the Sixth District Court of New Orleans, — This is an appeal by-Beard from a final judgment in favor of Renaud, in a revocatory action, to set aside a transfer of a bakery from one Simon, the debtor of Beard to Renaud, for fraud and simulation. Pursuant to C. C., Article 1970, Simon, as debtor, was made a party to the revocatory action of Beard, against Renaud, in the original Court, but before this Court only Renaud is a party appellee to this appeal. In this action the onus probandi is on Beard to establish fraud and simulation. 17 L. B. 353; 9 Rob. 272; 10 An. 691. But as soon…
1Opinion of the Court
InsiiEY, J.. The plaintiff in this case seeks to recover from both the defendants, as commercial partners, in solido, the sum of eleven hundred and seventy-six dollars and fifty-eight cents, being the amount of a promissory note drawn by Simon for $636 -18, and a debt contracted to> him in the name of Simon, for the balance; or, in the alternative, if he failed to prove a partnership, then he asks for a judgment against Simon for the whole amount, and that the sale of a certain bakery establishment made by Simon to Benaud be set aside on account of fraud and simulation, and that the said…
2Cases cited2 opinions
- Bauduc v. His CreditorsSupreme Court of Louisiana · 1832
- Barrett v. His CreditorsSupreme Court of Louisiana · 1843
3Cited by1 opinion
- Gaston v. Argonaut Insurance Co.Louisiana Court of Appeal · 1970