Macready v. Schenck
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. 1. Article 3066 of the Civil Code only applies to sureties 011 the bonds of curators, administrators, executors, tutors and syndics; it does not apply to sureties on the bonds of liquidators of partnerships, because not named in the exceptional legislation, and such bonds are ordinary civil obligations.
Read the full summary
APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. 1. Article 3066 of the Civil Code only applies to sureties 011 the bonds of curators, administrators, executors, tutors and syndics; it does not apply to sureties on the bonds of liquidators of partnerships, because not named in the exceptional legislation, and such bonds are ordinary civil obligations. Walmsley vs. Mendelson, 31 Ann. 157. 2. Although the liquidators houd in this case is made payable to the judges of the Civil District Court, when it should have been in favor of the plaintiffs as executors, the mistake…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is a suit by tlie executors of Margaret Haugliery against tlie defendants as sureties on tlie bond furnished by Bernard Klotz as liquidator of tlie partnership once existing between him and her.
Tlie defendants filed exceptions which, on being overruled, were followed by au answer.
After hearing evidence and argument, the District Court, however, sustained the exceptions, and without passing on the merits, rendered judgment for the defendants, from which the plaintiffs appeal.
The record discloses the following salient facts:
Margaret…
2Cited by17 opinions
- Milliron v. DittmanCalifornia Supreme Court · 1919
- Miller v. BonnerSupreme Court of Louisiana · 1926
- Davis v. West Louisiana BankSupreme Court of Louisiana · 1924
- Martinolich v. AlbertLouisiana Court of Appeal · 1962
- St. Charles St. R. v. Fidelity & Deposit Co.Supreme Court of Louisiana · 1903
12 more not listed; retrieve them via the Exa API.