L'Hommedieu v. Penny's Executors
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiff who resides in New-York, alleges he consigned a quantity of lime to P. B. Penny, of New-Orleans, in the month of June 1832, which was sold on his account by the latter. Among the purchasers was a Mr. Bosque, who gave his note payable to Penny at five months for one thousand four hundred and twelve dollars and forty-four cents.
Read the full summary
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiff who resides in New-York, alleges he consigned a quantity of lime to P. B. Penny, of New-Orleans, in the month of June 1832, which was sold on his account by the latter. Among the purchasers was a Mr. Bosque, who gave his note payable to Penny at five months for one thousand four hundred and twelve dollars and forty-four cents. That Penny died soon after, and E. W. Gregory and N. Harrington were appointed his executors, and took possession of his estate, and have collected the amount of Bosque’s note and…
1Opinion of the CourtMartin, J.
Penny, to whom the plaintiff had sent a consignment ol lime, having sold it on a credit to Bosque, had taken the note of the latter for the price thereof. The executors finding this note among Penny’s papers, collected it, imagining that the plaintiff could only be considered as a creditor of the estate for its amount. The present suit was instituted to enforce the plaintiff’s right to have the amount *601of the note separated from the estate of the deceased and paid over to him. This was decreed by the Court of ProT_ , J , 1 , . J bates, and the executors appealed.
among the papera decease, which…
2Cited by4 opinions
- Daugherty v. Canal Bank & Trust Co.Supreme Court of Louisiana · 1934
- Tropical Printing Co. v. Union Title Guarantee Co.Supreme Court of Louisiana · 1934
- Succession of BoisblancSupreme Court of Louisiana · 1880
- Succession of HarrisLouisiana Court of Appeal · 1917