Clossman v. Barbancey
Supreme Court of Louisiana
Appeal from the Commercial Court of New Orleans, Watts, J. The action should have been brought before the court where the surrender was made. Syndics of Menard v. Peirce, 3 Mart. N. S. 375. It is only by an opposition to the tableau of distribution that the validity and relative ranks of claims against an insolvent estate, can be finally settled. Davis v. Heard, 1 Mart. 207. Grainer v. Devlin, 1 La. 172. Pandelly v. His Creditors, 9 lb. 393, 396.
1Opinion of the CourtMorphy, J.
The petition states, in substance, that in September last, one Charles Huberson being at Bordeaux, in the kingdom of France, had on hand a quantity of wines and other merchandize which he intended for the New Orleans market ; that being in want of funds he obtained a loan from the plaintiff of $6557 66, for which sum he drew in his favor .a bill of exchange on himself, at New Orleans, payable sixty days after sight; and that to induce the plaintiff to make this advance, he endorsed in blank and transferred to him the bills of lading and invoices of the goods, which had already been put on…
2Cases cited3 opinions
- David v. HearnSupreme Court of Louisiana · 1811
- Grainer v. DevlinSupreme Court of Louisiana · 1830
- Bauduc's Syndic v. NicholsonSupreme Court of Louisiana · 1831
3Cited by2 opinions
- Marsh v. MarshSupreme Court of Louisiana · 1844
- Calmes v. CarruthSupreme Court of Louisiana · 1846