Viterbo v. Friedlander
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. This was a petition; filed October 2, 1884, by a’citizen of Nrance against a citizen of Louisiana, to annul a lease of a sugar plantation from the defendant to the petitioner for five years; and alleging that by an extraordinary risé of the Mississippi Liver, which could not have been foreseen, and without any fault of the lessee, a- crevasse was made in the levee's of '-'a ,…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. This was a petition; filed October 2, 1884, by a’citizen of Nrance against a citizen of Louisiana, to annul a lease of a sugar plantation from the defendant to the petitioner for five years; and alleging that by an extraordinary risé of the Mississippi Liver, which could not have been foreseen, and without any fault of the lessee, a- crevasse was made in the levee's of '-'a , neighboring plantation, the leased plantation overflowed, all the cane destroyed, and the plantation rendered wholly unfit for the…
1Opinion of the Court
Ms. Justice Gray,
after stating the case as above reported, delivered the opinion of the court.
In considering this case, it is important to keep in mind that the view of the common law of England and of most of the United States, as to the nature of a lease for years, is not that Which is taken by the civil law of Nome, Spain, and France, upon which the Civil Code of Louisiana is based.
The common law and the civil law concur in holding that in the case of an executed sale a subsequent destruction of the property by any cause is the loss of the buyer. Bes perit domino. They also concur in…
2Cases cited25 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Ex Parte Crow DogSupreme Court of the United States · 1883
- United States v. PerchemanSupreme Court of the United States · 1833
- United States v. BowenSupreme Court of the United States · 1880
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
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3Cited by91 opinions
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- In Re HohorstSupreme Court of the United States · 1893
- Coal & Coke Ry. Co. v. ConleyWest Virginia Supreme Court · 1910
- Mease Ex Rel. Oliver v. FoxSupreme Court of Iowa · 1972
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