Town v. Syndics of Morgan
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE FIRST DISTRICT. The opposing creditor claimed to be placed on the tableau of the insolvent Dorsey, in preference to the creditors of Morgan, Dorsey & Co. by virtue of a promissory note which he held, upon which Dorsey was endorser. — The note was dated 27th May, 1825 — endorsed the same day— payable one year after date, and protested at maturity.
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APPEAL PROM THE COURT OP THE FIRST DISTRICT. The opposing creditor claimed to be placed on the tableau of the insolvent Dorsey, in preference to the creditors of Morgan, Dorsey & Co. by virtue of a promissory note which he held, upon which Dorsey was endorser. — The note was dated 27th May, 1825 — endorsed the same day— payable one year after date, and protested at maturity. There was judgment for the opposing creditor, and the syn-dics of Morgan, Dorsey & Co. appealed. 1. The judgment must be reversed,because the Louisiana Code gives no priviledge in the case made out by the appel-lee.
1Opinion of the Court
Porter J.
delivered the opinion of the court.
This is an appeal taken from a judgment of the District Court, by which the endorser of a note, whereon the insolvent Dorsey was endorser, is placed on the tableau of distribution of said Dorsey’s estate, and directed to be paid oul of the funds of said estate, in preference to the creditors O! Morgan, Dorsey & Co.
The endorsement was made at a time the Civil Code o: Louisiana was in force. The note became due, and the . . . protest was made after the Louisiana Code was promui gated. If the obligations of the respective parties is to be ascertained…
2Cited by5 opinions
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- Flower v. Their CreditorsSupreme Court of Louisiana · 1848
- Devine v. National Life & Accident Ins. Co. of NashvilleLouisiana Court of Appeal · 1936