Legal Opinion

Hibernia Bank & Trust Co. v. Louisiana Ave. Realty Co.

Supreme Court of Louisiana

Decided May 27, 1918No. 21276PublishedCited by 24 opinions

Appeal from Civil District Court, Parish of Orleans; George H. Théard, Judge. Action, by the Hibernia Bank & Trust Company against the Louisiana Avenue Realty Company, Limited, and others to have certain sales, assignments, and transfers decreed void, because made in fraud of creditors, or, in the alternative, as being fraudulent, simulated, and of no effect. Exceptions of no right of action and of prescription maintained, and suit dismissed, and plaintiff appeals.

1Opinion of the CourtLeche, J.

Plaintiff alleges, in substance, that it owns a judgment, which it obtained against J. M. Dresser in the sum of $60,000, with 7 per cent, interest thereon from September 17, 1911; that, while it believes the said Dresser to be solvent, he has fraudulently and in bad faith, for the purpose of defeating the just claims of his creditors, and particularly of plaintiff, diverted all of his assets of every nature and kind into various alleged companies, and more particularly the Louisiana Avenue Realty Company, of New Orleans; that the Louisiana Avenue Realty Company is, to the knowledge of all its…

2Cases cited3 opinions

  1. Dilzell Engineering & Construction Co. v. LehmannSupreme Court of Louisiana · 1907
  2. Gugel v. CarsonSupreme Court of Louisiana · 1913
  3. Foxworth v. BurckhalterSupreme Court of Louisiana · 1848

3Cited by24 opinions

  1. Citizens Bank & Trust Co. v. WillisSupreme Court of Louisiana · 1935
  2. Spiers v. DavidsonSupreme Court of Louisiana · 1957
  3. Successions of WebreSupreme Court of Louisiana · 1965
  4. Houghton v. HoughtonSupreme Court of Louisiana · 1928
  5. Succession of MarkhamSupreme Court of Louisiana · 1934

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