Harvey v. Gartner
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; E. K. Skinner, Judge. Action by Martin W. Harvey and others against Oscar Gartner and others. From the judgment, plaintiffs appeal. The following is an extract from appellees’ brief: In Ellis, Milbank & Co. v. Fisher, Burgess & Co., 10 La. Ann. 479, it was held: “Where two parties have judgments against each other, they are bound to compensate, and the execution in either case may be enjoined.”
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Appeal from Civil District Court, Parish of Orleans; E. K. Skinner, Judge. Action by Martin W. Harvey and others against Oscar Gartner and others. From the judgment, plaintiffs appeal. The following is an extract from appellees’ brief: In Ellis, Milbank & Co. v. Fisher, Burgess & Co., 10 La. Ann. 479, it was held: “Where two parties have judgments against each other, they are bound to compensate, and the execution in either case may be enjoined.” To the extent that plaintiff’s judgment was compensated by each judgment rendered in favor of each defendant, it ceased to be. Having no existence,…
1Opinion of the CourtProvosty, J.
This suit is in damages for loss of property and injury to credit and reputation, alleged to have been suffered by plaintiffs as the result of proceedings in involuntary bankruptcy instituted against them by the defendants, in the course of which a receiver was appointed to take possession of the property. The plaintiffs are the firm of Martin W. Harvey & Co., and Martin W. Harvey individually; said firm being alleged to be composed of Martin W. Harvey and Howard Segrave.
An exception of want of proper parties was interposed, based upon the fact that the partner, Segrave, is not individually a…
2Cited by6 opinions
- Receivership of Bryce Cash Store, Inc.Louisiana Court of Appeal · 1929
- Hyman B. Finkelstein, Samuel Finkelstein and Rifkin and Scharf Corp. v. Keith Fabrics, Inc., D/B/A Mae Fabrics, Alleged BankruptCourt of Appeals for the Fifth Circuit · 1960
- Uncle Sam Planting Mfg. Co. v. ReynaudSupreme Court of Louisiana · 1925
- Sklar v. KahleSupreme Court of Louisiana · 1940
- Uncle Sam Planting & Mfg. Co. v. ReynaudSuperior Court of Louisiana · 1925
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