Girod v. His Creditors
Supreme Court of Louisiana
APPEAL from the Fifth District Court of New Orleans, Buchanan, I. The facts of this case are stated in the opinion, infra. The notes made by the insolvent were prescribed at the time of filing his hilan ; the acknowledgment of them on the bilan cannot affect the creditors. Larlhe'i v,. Hogan, 1 An. R. 330. Ti e piea of compensation is-inadmissible.
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APPEAL from the Fifth District Court of New Orleans, Buchanan, I. The facts of this case are stated in the opinion, infra. The notes made by the insolvent were prescribed at the time of filing his hilan ; the acknowledgment of them on the bilan cannot affect the creditors. Larlhe'i v,. Hogan, 1 An. R. 330. Ti e piea of compensation is-inadmissible. Art. 3363.of the Civil Code, the same as art. 1291 of the French Code, says: “Compensation takes place only between two debts, having equally for their object a sum of money, or a certain quantity' of consumable things, of one of tito same kind,…
1Opinion of the Court
The judgment of the court -was pronounced ‘by
Rost, J.
The executors of Nicholas Girod have appealed from a judg-
ment homologating a tableau of distribution filed by the syndic in this case, anil sotting aside their claim to compensate tho sum of ¡$2.807, being the amount of five promissory notes subscribed by the insolvent in favor of Nicholas Girod, in 1833, against an equal amount of the share of the insolvent in the succession of Claude F. Girod, for which the appellants are bound to account, under the decree of the Supreme Court of the United States in the case of Michou et al. v. Girod et…
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