Legal Opinion

Fandal v. Baer

Louisiana Court of Appeal

Decided December 18, 1916No. 6828Published

Appeal from the Civil District Court, Parish of Orleans, No. 115,077, “Division A,” Honorable T. C. W. Ellis, Judge.

1Opinion of the Court

His Honor,

CHARLES F. CLAIBORNE,

rendered the opinion and decree of the Court, as follows:

The sole question presented in this case is whether the transferror of one of several concurrent mortgage notes can compete with the transferee in the distribution, of the proceeds of sale of property mortgaged.

Plaintiff alleged that he was the holder of a note of A. G. Baer of $650.00, dated January 9, 1914, payable at one year; that said note together with another note of like amount payable at two years and (likeWi.se made by A. G. Baer), are secured by the same vendor’s privilege according to an Act of…

2Cases cited4 opinions

  1. Romig v. RomigSupreme Court of Pennsylvania · 1830
  2. In re J. D. Connell Iron Works Co.Supreme Court of Louisiana · 1915
  3. Alderman v. Hartford & New York Transportation Co.Supreme Court of Connecticut · 1895
  4. Fahy v. CavanaghNew Jersey Court of Chancery · 1899

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