Nathan v. Gardere
Supreme Court of Louisiana
Eastern JDist. APPEAR FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. The plaintiff shows that a short time before the 17th day of May, 1832, he formed a partnership with M. Duralde, J. B. Perrault and Livaudais, Charbonnet & Co., and that it became necessary to purchase slaves to carry on their partnership business. At the above date the partnership purchased thirty-seven slaves, each partner giving his own notes for his share of the price.
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Eastern JDist. APPEAR FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. The plaintiff shows that a short time before the 17th day of May, 1832, he formed a partnership with M. Duralde, J. B. Perrault and Livaudais, Charbonnet & Co., and that it became necessary to purchase slaves to carry on their partnership business. At the above date the partnership purchased thirty-seven slaves, each partner giving his own notes for his share of the price. That M. Duralde gave his three promissory notes of two thousand five hundred dollars each, payable in one, two, and three years, to the vendor of said…
1Opinion of the CourtBullard, J.
If the plaintiff have a privilege to be paid the amount of his claim out of the price of the slaves mentioned in the petition, it must result either from a legal subrogation to the rights of the vendor, he having paid the price as endorser of Duralde, or from his having paid more than his share of the price of the slaves, as a partner in the association of Dugué, & Co., by which he became a creditor of that firm, and is first to be paid out of its property. Both these grounds are asserted by the plaintiff in his petition and supplemental petition. We proceed to examine his pretensions in the…
2Cited by1 opinion
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