Oliver v. Lake
Supreme Court of Louisiana
APPEAL from the Fourth District Court of New Orleans, Strawbridge, J. The facts of this ease are fully stated in the opinion of the court infra. There is no evidence that the Mechanics’ and Traders’ Bank ever assented to the agreement made by. Martin, Pleasants 4* Co., for their benefit, or accepted the stipulation made in their favor. Nor does it appear that James B. Bake became a party to the agreement before the levy of the attachment.
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APPEAL from the Fourth District Court of New Orleans, Strawbridge, J. The facts of this ease are fully stated in the opinion of the court infra. There is no evidence that the Mechanics’ and Traders’ Bank ever assented to the agreement made by. Martin, Pleasants 4* Co., for their benefit, or accepted the stipulation made in their favor. Nor does it appear that James B. Bake became a party to the agreement before the levy of the attachment. He afterwards intervened in the case, and claimed to be paid out of the fund in preference to the plaintiff'. The cotton was shipped for account of IV. A.…
1Opinion of the Court
*81Tlie judgment of the court was pronounced by
Slidell, J.
The question presented in this case is, Whether the plaintiff as an attaching creditor is entitled to be paid out of the fund in the hands of the garnishees, Martin, Pleasants Sf Co., in preference to two other creditors, to wit: James B. Lake and the Mechanics’ and Traders’ Bank. The fund in the hands of Martin, Pleasants Sf Co. originated from two sources: first, a shipment of fifty two bales of cotton, made in September, 1846, by the defendant to the garnishees; and secondly, shipments of one hundred and four-» teen bales of cotton,…
2Cases cited1 opinion
- The Dos HermanosSupreme Court of the United States · 1817
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- Sintes v. CommerfordSupreme Court of Louisiana · 1904
- Merco Manufacturing, Inc. v. J. P. McMichael Construction Co.District Court, W.D. Louisiana · 1974
- Davenport v. Wm. Adler & Co.Supreme Court of Louisiana · 1899
- Bullard v. NattinLouisiana Court of Appeal · 1931
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