Legal Opinion

First Nat. Bank v. Bell

Supreme Court of Louisiana

Decided March 12, 1917No. 20852PublishedCited by 4 opinions

Appeal from Fifteenth Judicial District Court, Parish, of Calcasieu; Alfred M. Barbe,' Judge. Action by the First National Bank of Lake Charles against Louis J. Bell, in which N. D. Pope was summoned as garnishee. From a judgment sustaining the commissioner’s claim of pledge of the property of defendant in his possession, plaintiff appeals.

1Opinion of the CourtProvosty, J.

The plaintiff, a judgment creditor of the defendant Bell, caused garnishment process to be issued upon his judgment, and interrogatories to be served upon the garnishee, Pope. The latter answered that he had in his possession 50 shares of stock belonging to the defendant, Bell, but that he held the same in pledge as collateral security for a note of Bell for $5,000, dated April 29, 1907, payable on demand.

Plaintiff urges that this pledge cannot avail the garnishee: First, because invalid; and, secondly, because, if ever valid, it has lapsed, by reason of the said note having been extinguished…

2Cases cited4 opinions

  1. Latiolais v. Citizens' BankSupreme Court of Louisiana · 1881
  2. Succession of PereuilhetSupreme Court of Louisiana · 1871
  3. Begue v. St. MarcSupreme Court of Louisiana · 1895
  4. Citizens' Bank of Louisiana v. JohnsonSupreme Court of Louisiana · 1869

3Cited by4 opinions

  1. Scott v. CorkernSupreme Court of Louisiana · 1956
  2. Parlor City Lumber Co. v. SandelSupreme Court of Louisiana · 1938
  3. Pelican State Bank v. BogleSupreme Court of Louisiana · 1943
  4. Farmers' Loan & Mortgage Co. v. LangleySupreme Court of Louisiana · 1928

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