Legal Opinion

Commercial Bank v. Shanks

Supreme Court of Louisiana

Decided December 11, 1911No. 18,693PublishedCited by 9 opinions

Appeal from the Thirteenth Judicial District Court, Parish of Rapides; W. F. Black-man, Judge. Action by the Commercial Bank of Alexandria against Oscar Shanks. Judgment for plaintiff, and writ of garnishment issued against the City of Alexandria and E. J. Hardtner. From a judgment granting plaintiff a portion of relief to mandate, he appeals.

1Opinion of the CourtLand, J.

Plaintiff, a judgment creditor of Oscar Shanks, after causing a writ of fieri facias to issue, garnisheed the city of Alexandria and E. J. Hardtner. The city answered that it was indebted to the defendant, Shanks, in the sum of $3,000 as per certificate of indebtedness, dated July 7, 1908, less a credit of $750, paid to the plaintiff bank on January 10, 1910.

The Commercial Bank held the certificate under the following indorsement:

“Given to Commercial Bank for collection.
“Please pay to the Commercial Bank.

[Signed] “Oscar Shanks.”

E. J. Hardtner answered the interrogatories propounded to him, as…

2Cases cited2 opinions

  1. Cater ex rel. Central Bank of Alabama v. H. B. Merrell & Co.Supreme Court of Louisiana · 1859
  2. Sewall v. McNeillSupreme Court of Louisiana · 1841

3Cited by9 opinions

  1. Mayo v. Pioneer Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1959
  2. La. Nat. Bank of Baton Rouge v. O'BRIENLouisiana Court of Appeal · 1983
  3. Foote v. Sun Life Assur. Co. of CanadaLouisiana Court of Appeal · 1937
  4. Young v. GeterLouisiana Court of Appeal · 1936
  5. Williams v. Succession of RobertsonSupreme Court of Louisiana · 1913

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