Caldwell v. Atchafalaya Bank
Supreme Court of Louisiana
Eastern Dist. APPEAL PROM TIIE COURT OP TIIE FIRST JUDICIAL DISTRICT, JUDGE BUCIIANAN PRESIDING. This is a revocatory action. The plaintiff alleges that, on the 6th January, 1838, he obtained judgment against one Samuel Chapman, on his two promissory notes, for the sum of ten thousand eight hundred and seventeen dollars, with legal interest.
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Eastern Dist. APPEAL PROM TIIE COURT OP TIIE FIRST JUDICIAL DISTRICT, JUDGE BUCIIANAN PRESIDING. This is a revocatory action. The plaintiff alleges that, on the 6th January, 1838, he obtained judgment against one Samuel Chapman, on his two promissory notes, for the sum of ten thousand eight hundred and seventeen dollars, with legal interest. That on the 13t.h July, 1838, execution was levied on one thousand shares of bank stock, belonging to said Chapman, in the Atchafalaya Rail Road and Banking Company, which the bank claimed in virtue of a transfer to the company, by Chapman, the 23d of…
1Opinion of the CourtBullard, J.
This is a revocatory action, by which the plaintiff, one of the creditors of Chapman, an insolvent debtor, seeks to annul a transfer of stock made to the defendants, in fraud of his rights. The only ground of fraud alleged is, .that the insolvent thereby gave an unjust preference to the bank, also his creditor, and having a full -knowledge of his insolvency. After the surrender of Chapman, the syndic of his creditors intervened, and joining the plaintiff in his demand of nullity, claims that the stock should be restored to the mass' of the insolvent’s property.
This datien en paiement to the…
2Cited by4 opinions
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