Bernard v. Whitney National Bank
Supreme Court of Louisiana
PPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. 1. In Louisiana all contracts between husband and wife are prohibited, excep those which pertain to the restitution of her dotal or paraphernal property appropriated by the husband. 2. Delivery is of the essence of a giving in payment.
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PPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. 1. In Louisiana all contracts between husband and wife are prohibited, excep those which pertain to the restitution of her dotal or paraphernal property appropriated by the husband. 2. Delivery is of the essence of a giving in payment. C. C., Art. 2656. 3. A husband’s check given to his wife in payment of her paraphernal claims, which is not presented forpayment by the wife until after the husband’s death, can not be collected by the wife after the husband’s death as against the administrator of his insolvent estate.…
1Opinion of the Court
The opinion of the court; was delivered by
Bermudez, O. J.
The plaintiff, as the administrator of the succession of M. S. Powell, brought this action to recover from the defendant the sum of $3400 standing on its books to his credit at the time of his death, on August 21, 1885.
The bank admitted the credit; but averred that claim was laid to it by the widow of the deceased.
Mrs. Powell intervened in the suit, asserting rights to the credit, in consequence of a check of her husband in her favor, given her in payment of her claims against him; which check was drawn on the 20th of August previous,…
2Cited by2 opinions
- State, Department of Highways v. D & J REALTY CO.Louisiana Court of Appeal · 1971
- Baker v. City of ShreveportSupreme Court of Louisiana · 1928