Fidelity & Deposit Co. v. Johnston
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans ; Walter Byers Sommerville, Judge. Action by the Fidelity & Deposit Company of Maryland against Ruth Johnston. Judgment for defendant, and plaintiff and intervener appeal.
1Opinion
On Rehearing.
PROVOSTY, J.
The plaintiff, who is merely the pledgee, not the owner, of a mortgage note, has sued upon it as “holder and owner.” The buildings on the property mortgaged to secure the note have burned, and plaintiff has accompanied his suit by an attachment of the insurance money in the hands of the insurance companies. The holder of another mortgage note on the same property has intervened, claiming a part of the insurance money. Defendant sought to have the attachment dissolved in limine, but on grounds pertaining to the merits, and the motion to dissolve was ordered to stand as…
2Cases cited5 opinions
- Chaffe v. DuBoseSupreme Court of Louisiana · 1884
- Cater ex rel. Central Bank of Alabama v. H. B. Merrell & Co.Supreme Court of Louisiana · 1859
- Bank of Lafayette v. BruffSupreme Court of Louisiana · 1881
- Mechanics & Traders' Insurance v. LozanoSupreme Court of Louisiana · 1887
- Clark v. WhitakerSupreme Court of Louisiana · 1906