Kenner & Co's Syndic v. Holliday
Supreme Court of Louisiana
Easters? Dis. APPEAL PBOM THE COMMERCIAL COURT OP MEW ORLEANS. This is an action to recover the sum of $04)306, from Mis. Maria Holliday, widow of the late John R. Holliday,- on account of a debt due by him in his life time, to the firm of Wm. Kenner & Co., and for which he gave his notes in 1826, secured by mortgage on a large sugar plantation and slaves.
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Easters? Dis. APPEAL PBOM THE COMMERCIAL COURT OP MEW ORLEANS. This is an action to recover the sum of $04)306, from Mis. Maria Holliday, widow of the late John R. Holliday,- on account of a debt due by him in his life time, to the firm of Wm. Kenner & Co., and for which he gave his notes in 1826, secured by mortgage on a large sugar plantation and slaves. Since his death the defendant became the purchaser of said estate, subject to this debt and mortgage, and also assumed payment with certain conditions as to an extension of time. The plaintiff, Richard Relf, sues as the sole syndic of the…
1Opinion of the CourtGarland, J.
Richard Relf, syndic of the creditors of the late firm of Wm. Kenner & Co., alleges that in June, 1826, John R. Holliday, now deceased, acknowledged himself indebted to said firm in the sum of $61,195 39, and to secure the payment thereof, he gave, six promissory notes for the sum of $10,199 06$, payable at different periods of four, five and six years; and further to secure the payment of said notes, he executed a mortgage to said syndic or his successors, on a sugar plantation, the slaves and stock thereon, in the parish of Jefferson. That sometime in the year 1827,' the said Holliday died,…
2Cases cited2 opinions
- Millaudon v. SylvestreSupreme Court of Louisiana · 1835
- Arnous v. DavernSupreme Court of Louisiana · 1841
3Cited by3 opinions
- Martin v. Bankers' Trust Co.Arizona Supreme Court · 1916
- Commonwealth Finance Co. v. LivingstonLouisiana Court of Appeal · 1943
- Calfee v. BurgessWest Virginia Supreme Court · 1869