Atwill v. Belden Co.
Supreme Court of Louisiana
Appeal from the court of the first district. The plaintiff, a creditor of William B. Bel-den & Co., brought this suit to recover the '. . amount of lus claim, and to set aside a sale which Belden Sc Co. made to their co-defendant Jones, of all their stock in trade, amounting to twenty-seven thousand dollars. It was proved on the trial, that Jones was a creditor of Leiden & Co. for a large amount, and that the latter were in insolvent circumstances at the time of the sale.
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Appeal from the court of the first district. The plaintiff, a creditor of William B. Bel-den & Co., brought this suit to recover the '. . amount of lus claim, and to set aside a sale which Belden Sc Co. made to their co-defendant Jones, of all their stock in trade, amounting to twenty-seven thousand dollars. It was proved on the trial, that Jones was a creditor of Leiden & Co. for a large amount, and that the latter were in insolvent circumstances at the time of the sale. It further appeared that the plaintiff's debt was not yet due at the institution of the suit. There was judgment for the…
1Opinion of the CourtMathews, J.
In this case the plaintiff alleges that the defendants, Belden & Co, are indebted to him; that they are in insolvent circumstances, and being thus situated, they sold all their property to Jones, one of their creditors, (who is made a party to this suit,) for the purpose of securing to him the payment of a large sum of money, in fraud of the rights of ofthe petitioner, who claims judgment against his debtors and a rescission of the sale, so far as it affects his interest. The court below gave judgment according to the prayer of the petition, from which the defendants appealed.
This action is…
2Cited by4 opinions
- Hyde v. CraddickSupreme Court of Louisiana · 1845
- Modisette v. HathawaySupreme Court of Louisiana · 1920
- Dumas v. LefebvreSupreme Court of Louisiana · 1845
- Nicholas Burke Co. v. Miss. Valley Realty Co.Louisiana Court of Appeal · 1917