Steinhardt v. Leman
Supreme Court of Louisiana
APPEAL from tlie First District Court, Parish of Caddo. Hieles, J. 1. If a plaintiff in attachment voluntarily abandons it, he renders himself and his surety responsible in damages; and if it be set aside by order of court, it is prima fade evidence that it was wrongfully issued, and that damage to some extent has been sustained.
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APPEAL from tlie First District Court, Parish of Caddo. Hieles, J. 1. If a plaintiff in attachment voluntarily abandons it, he renders himself and his surety responsible in damages; and if it be set aside by order of court, it is prima fade evidence that it was wrongfully issued, and that damage to some extent has been sustained. The probability and justice of the demand may he pleaded and given in evidence in mitigation or justification of a claim for vindictive damages. 3 L. 103, 291; 2 R. 313; 11 Ann. 302. 2. It is the disposal of his property by the debtor with the intent to defraud, that…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
The plaintiff, by her agent, S. Cohn, leased the Phoenix Hotel in the City of Shreveport. The power of attorney from Mrs. Steinliardt to Cohn is a general mandate to do and perform all things of a business nature in her name and behalf and for her benefit. The acts of Cohn in almost every conceivable business relation were her acts under the mandate. He managed the Phoenix Hotel.
The defendant, a creditor of the plaintiff for the sum of $59 92, sued out a writ of attachment against plaintiff’s property, alleging as the reason therefor that…
2Cited by4 opinions
- Johnson v. LevySupreme Court of Louisiana · 1907
- American Surety Co. v. Florida Nat. Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1938
- Coile v. CrawfordLouisiana Court of Appeal · 1935
- First Nat. Bank Bldg. Co. v. Dickson & DennySupreme Court of Louisiana · 1945