Legal Opinion

New Orleans Acid & Fertilizer Co. v. O. Guillory & Co.

Supreme Court of Louisiana

Decided March 26, 1906No. 15,831PublishedCited by 8 opinions

Appeal from Sixteenth Judicial District Court, Parish of St. Landry; Edward Taylor Lewis, Judge. Action by the New Orleans Acid & Fertilizer Company and others against 0. Guillory & Co. and others. Judgment for defendants, and plaintiffs appeal. Defendants Samuel 1-Iaas and John A. Haas also appeal. Re-

1Opinion of the CourtProyosty, J.

This suit is brought to set aside as simulated, or at any rate fraudulent, three sales made to the three defendants, separately, by O. Guillory, a member of the merchantile firm of O. Guillory & Co., whereof plaintiffs are creditors.

The allegations are the usual ones of indebtedness, insolvency, the making of the sale for the purpose of defrauding creditors or giving an unfair preference to some of them; also that the price was less than four-fifths of the real value.

At the time of the sales, 7th and 8th December, 1904, O. Guillory & Co., was a going mercantile firm at Eunice, La., composed…

2Cases cited1 opinion

  1. King v. AtkinsSupreme Court of Louisiana · 1881

3Cited by8 opinions

  1. Smith v. SmithSupreme Court of Louisiana · 1960
  2. Johnston v. BeardenLouisiana Court of Appeal · 1961
  3. Lane v. LaneLouisiana Court of Appeal · 1978
  4. Broussard v. BroussardLouisiana Court of Appeal · 1961
  5. Leon Godchaux Co. v. Di MaggioSupreme Court of Louisiana · 1913

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