In re Reis
U.S. Circuit Court for the District of Louisiana
[Appeal from the district court of the United States for the district of Louisiana.] This was a contest between two creditors of the bankrupt. The only assets of the bankrupt estate were about $1.000 in cash in the hands of the assignee, being the insurance. received on certain goods and chattels which had been the property of the bankrupt. and had been destroyed by fire.
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[Appeal from the district court of the United States for the district of Louisiana.] This was a contest between two creditors of the bankrupt. The only assets of the bankrupt estate were about $1.000 in cash in the hands of the assignee, being the insurance. received on certain goods and chattels which had been the property of the bankrupt. and had been destroyed by fire. Polil-man, one of the creditors, claimed to have a privilege on the fund by reason of the fact that he had been subrogated to the lien of the landlord of [Frederick] Reis upon the goods destroyed, which liad • been in the…
1Opinion of the Court
WOODS, Circuit Judge.
If Pohlman has any lien at all, it is the elder and therefore the better one. The controversy turns upon the question whether Pohlman has any lien at all upon the fund. And this presents the question whether the lieu of the landlord upon the goods of his tenant remains after the goods are destroyed by fire and then attaches to the insurance money. The jurisprudence of this state does not sanction such an idea. The lien and privilege is lost by the destruction of the property. Civ. Code, art. 3277; Thayer v. Goodale, 4 La. 221; Eymar v. Lawrence, 8 La. 42; Slark v. Broom,…
2Cases cited3 opinions
- Thayer v. GoodaleSupreme Court of Louisiana · 1832
- Slark v. BroomSupreme Court of Louisiana · 1852
- Eymar v. LawrenceSupreme Court of Louisiana · 1835