Meeker v. Galpin
Supreme Court of Louisiana
Appeal from the Commercial Court of New Orleans, Watts, J. A statement of facts made out before the appeal, but ten months after judgment, is in season. Union Bank v. Williams et al. 16 La. 237. There is no proof on record of Galpin’s bankruptcy, or of his being in failing circumstances.
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Appeal from the Commercial Court of New Orleans, Watts, J. A statement of facts made out before the appeal, but ten months after judgment, is in season. Union Bank v. Williams et al. 16 La. 237. There is no proof on record of Galpin’s bankruptcy, or of his being in failing circumstances. His declining to pay the first draft is no proof of the fact, and he justly refused or neglected to pay the others, as the plaintiff had withdrawn, by sequestration, the very funds on which Galpin’s acceptances were based. But suppose he were in insolvent circumstances. A merchant who is in failing…
1Opinion of the Court
Morphy J.
This action is brought on four bills of exchange accepted by the defendant Samuel Galpin, jn favor of plaintiff, amounting to $1225 84, and on an open account for $423 79. It is alleged that those bills were given in payment of the price of fifty-seven kegs of butter sold to Samuel Galpin, yet in the store and possession of the debtor, and subject to the vendor’s privilege, to which the petitioner is entitled as the holder of said drafts. It is further alleged that Galpin has become insolvent and unable to meet his engagements ; that in order to deprive his creditors of their just…
2Cited by1 opinion
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