Burnside v. McKinley
Supreme Court of Louisiana
APPEAL from the Sixth District Court of New Orleans, Cotton, J. The court having rendered a decree in favor-of the plaintiffs and appellants, Clcorhe & Bayne applied for a re-hearing: There is no question of more general interest ¿o a commercial community than that passed upon in this case.
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APPEAL from the Sixth District Court of New Orleans, Cotton, J. The court having rendered a decree in favor-of the plaintiffs and appellants, Clcorhe & Bayne applied for a re-hearing: There is no question of more general interest ¿o a commercial community than that passed upon in this case. None that has been more frequently before the courts — none better settled by precedent — than the doctrine which is-understood to be admitted here, that “where the owner of property has lost his control over it, and cannot change its destination, his creditors cannot attach.” If this doctrine is to be…
1Opinion of the Court
On the re-hearing, the opinion of the court was delivered by
Buchanan, J.
The garnishees, MeEb’oy & Bradford, received on consignment, between the 2d and 12th April, 1856, twenty-one bales of cotton belonging to defendants, accompanied by the following letter of instructions:
‘•'■Messrs. McElroy & Bradford:
“I send you some cotton, which I hope you will receive in due time, and I wish you to sell as soon as you can, or as the times justify, and when sold please pay the proceeds to David Taylor & Go. I will forward some more as soon as I get it to the river. Please let me hear from you as soon as…
2Cited by2 opinions
- Sales Purchase Corp. v. PuckettLouisiana Court of Appeal · 1982
- King Finance Co. v. DayLouisiana Court of Appeal · 1957