Helme v. Littlejohn

Merrick, O. J.

This suit is brought by the plaintiff in his capacity of receiver of the late firm of Joseph H. Palmer & Go. against the defendant. The defendant excepted to the capacity of the plaintiff to stand in judgment, on the ground that Joseph II. Palmer, one of the firm, is dead and represented by an executor, and that, under such circumstances, the court was without power to appoint a receiver. On the trial of the case to prove his capacity, the only evidence offered by the plaintiff was a certificate entitled, “ Second District Court of New Orleans, No. 8283,” wherein it was…