New Orleans Credit Men's Ass'n v. Cattana
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; George H. Théard, Judge. Action by the New Orleans Credit Men’s Association, subrogee, and others, against Mary Cattana, wife of John Rotonti, and others. Judgment for defendants, and plaintiffs appeal.
1Opinion of the CourtProvosty, J.
The plaintiff association, alleging itself to be the subrogee of 13 creditors of the defendant Rotonti, and 6 other persons, alleging themselves to be creditors of the same defendant, have brought this suit to cause to be annulled a transfer of property made by him to his wife, as being a simulation, or at any rate a fraudulent preference, and at all events null for want of form.
[1] A suit like the present can be brought only by a creditor. Article 1968, C. C., says a judgment creditor, and so does article 1972 (Olivier v. Majors, 133 La. 764, 63 South. 323; Potier v. Haiman, 1 Rob. 526;…
2Cases cited3 opinions
- Andrews v. SheehySupreme Court of Louisiana · 1908
- Olivier, Voorhies & Lowrey v. MajorsSupreme Court of Louisiana · 1913
- Potier v. HarmanSupreme Court of Louisiana · 1842
3Cited by3 opinions
- Martin Lebreton Ins. Agency v. PhillipsSupreme Court of Louisiana · 1978
- Feist v. Willer & Gamm, Inc.Louisiana Court of Appeal · 1931
- General Elec. Co. v. DugasLouisiana Court of Appeal · 1988