Swoop v. St. Martin
Supreme Court of Louisiana
Appeal from Judicial District Court, Parish of Jefferson; Jerome Louis Gaudet, Judge. Action by Julian M. Swoop against C. St. Martin. George Sarpy, intervened. Judgment for defendant and intervener, and plaintiff appeals.
1Opinion of the CourtProvosty, J.
The plaintiff’s foundry, by contract with defendant, took out old pieces and put in new pieces in defendant’s sugar mill, and, for the cost of alhthis, claims a vendor’s privilege on the new pieces thus put in, and asks that these new pieces be seized and sold to pay the debt.
A mortgage creditor of defendant, whose mortgage accrued after the sugar mill had been thus refitted, has intervened; denying that plaintiff has a vendor’s privilege, on the following grounds:
First, because the amount claimed is not exclusively for the price of things sold, but is in part for labor, etc., and the…
2Cases cited3 opinions
- Carlin v. GordySupreme Court of Louisiana · 1880
- Shakspeare, Smith & Co. v. WareSupreme Court of Louisiana · 1886
- Scannell v. BeauvaisSupreme Court of Louisiana · 1886
3Cited by17 opinions
- McNamara v. Electrode Corp.Louisiana Court of Appeal · 1982
- In re Receivership of Augusta Sugar Co.Supreme Court of Louisiana · 1913
- Hibernia Bank & Trust Co. v. C. F. Knoll Planting & Mfg. Co.Supreme Court of Louisiana · 1913
- Monroe Automobile & Supply Co. v. ColeLouisiana Court of Appeal · 1927
- Caldwell v. Laurel Grove Co.Supreme Court of Louisiana · 1932
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