E. F. Golsan & Co. v. Powell
Supreme Court of Louisiana
APPEAL from the Sixth District Court, parish of Orleans. Saucier, J. • First — As to third persons, the transfer of a debt can have effect only from the date of notification thereof to the debtor, and until the notification, the debt can be attached notwithstanding the transfer. 11 Rob. 326 ; 17 An. 258; 0. O. 2643 ; 7 An. 620 ; 20 An. 96 ; 9 An. 226. Second — By the bankrupt law, U. S. R. S. see. 5044, it is the assignment, and not the adjudication in bankrupcy, which may…
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APPEAL from the Sixth District Court, parish of Orleans. Saucier, J. • First — As to third persons, the transfer of a debt can have effect only from the date of notification thereof to the debtor, and until the notification, the debt can be attached notwithstanding the transfer. 11 Rob. 326 ; 17 An. 258; 0. O. 2643 ; 7 An. 620 ; 20 An. 96 ; 9 An. 226. Second — By the bankrupt law, U. S. R. S. see. 5044, it is the assignment, and not the adjudication in bankrupcy, which may dissolve an attachment. 13 Nat. Bankr. Begister, pp. 252, 253 ; 21 Wall. 6á6 ; 91 U. S. 524. First — When the attachment…
1Opinion of the Court
The opinion of the court was delivered by
Bermudez, C. J.
J. B. Powell sued the Factors’ & Traders’ Insurance Company in March, 1870, -to recover $3453 97. Judgment was rendered against him, in the lower court, but in his favor on appeal for the amount claimed.
Pending the litigation, namely, on May 7th, 1872, the plaintiffs sued Powell, attaching in the hands of the insurance company what assets they had- under their control, belonging to Powell, and they recovered judgment against him for $4183 in December, 1875, with privilege.
At the time the attachment issued, interrogatories were propounded…
2Cases cited3 opinions
- Eyster v. GaffSupreme Court of the United States · 1876
- Doe v. ChildressSupreme Court of the United States · 1875
- Good's EstateSupreme Court of Pennsylvania · 1892
3Cited by7 opinions
- State v. PellerinSupreme Court of Louisiana · 1907
- P. P. Williams & Co. v. RoachLouisiana Court of Appeal · 1929
- Mahayna, Inc. v. Poydras Center Assoc.Louisiana Court of Appeal · 1997
- Baker v. City of ShreveportSupreme Court of Louisiana · 1928
- Folse v. DaleSupreme Court of Louisiana · 1941
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