Legal Opinion

Thompson v. Hibernia Bank & Trust Co.

Supreme Court of Louisiana

Decided November 3, 1920No. 22691PublishedCited by 14 opinions

Appeal from Civil District Court, Parish of Orleans; T. C. W. Ellis, Judge. Suit by W. B. Thompson, as trustee in bankruptcy of E. Martin & Co., against the Hibernia Bank & Trust Company, in which the John M. Parker Company intervened. Judgment for defendant bank, dismissing both plaintiff’s petition and the petition in intervention, and plaintiff and intervener appealed, but plaintiff subsequently settled with defendant out of court.

1Opinion of the CourtSommerville, J.

Plaintiff, trustee, alleged that the bankrupts, E. Martin & Co., had, within four months prior to the date of bankruptcy, that is:

“On or about the 11th day of March, 1912, delivered to the Hibernia Bank & Trust Company [defendant], a banking corporation, domiciled and doing business in the city of New Orleans, for deposit, a cheek drawn to its order by John M. Parker Company, on the Canal-Louisiana Bank & Trust Company, of New Orleans, La., for $8,000.
“(II) That upon receiving said check for $8,000 your petitioner is informed and believes, and so alleges, the Hibernia Bank & Trust Company…

2Cases cited4 opinions

  1. Hunt v. Mississippi Central RailroadSupreme Court of Louisiana · 1877
  2. Tiedeman v. KnoxCourt of Appeals of Maryland · 1880
  3. William T. Hardie & Co. v. Vicksburg, S. & P. Ry. Co.Supreme Court of Louisiana · 1907
  4. Delgado & Co. v. A. C. Wilbur & Co.Supreme Court of Louisiana · 1873

3Cited by14 opinions

  1. Young v. Gretna Trust & Savings BankSupreme Court of Louisiana · 1936
  2. Flatte v. NicholsSupreme Court of Louisiana · 1957
  3. Jefferson v. ChildersSupreme Court of Louisiana · 1937
  4. Clark-Kelley Livestock Auction Co. v. Pioneer Bank & Trust Co.Supreme Court of Louisiana · 1955
  5. Ballard v. McBrydeLouisiana Court of Appeal · 1973

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