Claiborne v. Their Creditors
Supreme Court of Louisiana
Appeal from tlie court of the first judicial district. This is the second time which the present case has been before this court. See 13 La. Kep. 279. Olaiborne and Mather were three fourths owners of the steamboat Marmora, which was destroyed-by fire, and J. Leplicher the owner of the other fourth.
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Appeal from tlie court of the first judicial district. This is the second time which the present case has been before this court. See 13 La. Kep. 279. Olaiborne and Mather were three fourths owners of the steamboat Marmora, which was destroyed-by fire, and J. Leplicher the owner of the other fourth. The boat was insured for $40,000. Olaiborne and Mather made a surrender of their property to their creditors; alleging, that all then- property or effects consisted in the insurance on the steamboat, and about $1000 due to her, and that by losses and misfortunes their debts exceeded that amount. A…
1Opinion of the Court
[504] Simon, J.
delivered the opinion of the court.
This case was once before us: In conformity with the decision of this court, reported in 13 La. Rep. 280, the claims of Leplicher, Leon Bernard and Julien, as set forth in their opposition, were to be settled and determined according to the legal principles therein established. One of these principles was, that the funds under the control of the inferior court, proceeded from the policies of insurance of the steamboat Marmora, being partnership funds, must he first applied to (he payment of the partnership debts, in preference to those of the…
2Cases cited3 opinions
- Police Jury v. M'DonoghSupreme Court of Louisiana · 1819
- Claiborne v. Their CreditorsSupreme Court of Louisiana · 1839
- Harrod v. Norris' HeirsSupreme Court of Louisiana · 1821