Hibernia National Bank v. Lacombe
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the trial of tbis action by the court without a jury. This action was brought against the Mechanics’ and Traders’ Bank of New Orleans upon a bill of exchange for $10,000 dated New Orleans, March 17, 1879, drawn by it upon M. Morgan’s Sons, New York, payable to the order of the plaintiff, a national bank, located in New Orleans, at sight, which was presented' for payment on the 26th of March, 1879, and payment…
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Appeal from a judgment in favor of the plaintiff, entered upon the trial of tbis action by the court without a jury. This action was brought against the Mechanics’ and Traders’ Bank of New Orleans upon a bill of exchange for $10,000 dated New Orleans, March 17, 1879, drawn by it upon M. Morgan’s Sons, New York, payable to the order of the plaintiff, a national bank, located in New Orleans, at sight, which was presented' for payment on the 26th of March, 1879, and payment thereof having been refused, it was, on the said day, duly protested for non-payment, and notice thereof given. The…
1Opinion of the Court
Barrett, J.:
The main question in this case is whether a Louisiana creditor of the defendant bank, who has attached property here, takes precedence over liquidators appointed by a Louisiana court, under an act of that State, which is in the nature of a bankrupt or insolvent law.
1. It is incidentally argued that the present proceedings were absolutely void because of the forfeiture decreed by the Louisiana court. The contention is that thereby the bank had ceased to exist, and consequently could no more be sued than a natural person deceased. This is but another way of saying that the…
2Cases cited14 opinions
- Harrison v. SterrySupreme Court of the United States · 1809
- Holmes v. RemsenNew York Supreme Court · 1822
- Burckle v. . EckhartNew York Court of Appeals · 1849
- Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
- Paine v. LesterSupreme Court of Connecticut · 1876
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