Atkins v. Garrett
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Western District of Louisiana; George Whitfield Jack, Judge. Action at law by James W. Atkins against E. C. Garrett. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
BRYAN, Circuit Judge.
June 25, 1915, James W. Atkins, plaintiff in error, sold to L. C. Garrett, the decedent of defendant in error, 50 shares of the capital stock of the Lenzburg-Crichton Gas & Oil Company, accepted in payment Garrett’s note for $5,000, payable 60 days thereafter, and attached to the note, as security, a certificate for the stock. Garrett failed to pay the note at maturity, and on September 8, 1915, Atkins brought suit on it in the state court, and prayed for a sale of the stock which he held as collateral. Garrett, being a citizen of Alabama, removed the case to the United…
2Cases cited8 opinions
- Vance v. TourneSupreme Court of Louisiana · 1839
- Arrowsmith v. GordonSupreme Court of Louisiana · 1848
- Bradley v. Shreveport Gas, Electric Light & Power Co.Supreme Court of Louisiana · 1917
- Marchesseau v. ChaffeeSupreme Court of Louisiana · 1849
- A. Kory & Sons v. LaymanSupreme Court of Louisiana · 1902
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3Cited by3 opinions
- Quealy v. Paine, Webber, Jackson & Curtis, Inc.Supreme Court of Louisiana · 1985
- Davis v. ParkerCourt of Appeals for the Fifth Circuit · 1998
- Pratt v. Louisiana & Arkansas Ry. Co.District Court, W.D. Louisiana · 1943