Wilson v. Smith
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE COURT OP THE FIRST JUDICIAL DISTRICT, This case commenced by attachment. The plaintiff, J. J. Wilson, alleges, that the defendant is indebted to him in the sum of one thousand and fifty-seven dolíais and forty-five cents, according to account and notes annexed, for which he prays judgment, and that a writ of attachment issue. The plaintiff, Wilson, and the defendant, both reside in Mississippi.
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Eastern Dist. APPEAL FROM THE COURT OP THE FIRST JUDICIAL DISTRICT, This case commenced by attachment. The plaintiff, J. J. Wilson, alleges, that the defendant is indebted to him in the sum of one thousand and fifty-seven dolíais and forty-five cents, according to account and notes annexed, for which he prays judgment, and that a writ of attachment issue. The plaintiff, Wilson, and the defendant, both reside in Mississippi. The attachment was levied the 7th June, 1836, on thirty bales of cotton, shipped to Bogart & Hoopes, who bonded the cotton. Bogart & Hoopes intervened, and alleged, that…
1Opinion of the CourtMartin, J.
Bogart and Hoopes are appellants from a judgment which rejects their claim (as intervening parties) to a quantity of cotton, attached by the plaintiff, as the property of the defendant.
Their counsel has contended, ■ that as they were in possession of the. cotton, with authority to sell and apply the proceeds of it to the payment of a debt of the defendant, he could not revoke the authority, nor exercise any control over i i- tii i ,,, it; and, consequently, it was not liable to be attached for his debt; there was clearly a delegation of the proceeds of the cotton for the discharge of his debt…
2Cited by4 opinions
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- Daniels v. TaubenblattLouisiana Court of Appeal · 1907
- John Chaffe & Sons v. HeynerSupreme Court of Louisiana · 1879
- Shultz v. MorganSupreme Court of Louisiana · 1875