Paul v. Arnoult

DISSENTING OPINION BY HIS HONOR

CHARLES F. CLAIBORNE

The fundamental error, I believe, of the majority opinion is in assuming that the notes sued on are community assets. The notes were given for the rent of a house and the house was the separate property of the wife. This makes the notes the separate property of the wife. C. C. 499. When and if, the notes are collected by the husband, the proceeds will then only fall into the community. But the wife has at any time the right to resume the administration of her notes and to sue upon them.

But assuming that the notes are community assets. When…