Walton & Son v. Bemiss
Supreme Court of Louisiana
APPEAL FROM THE COURT OP THE FIFTH DISTRICT, FOR THE PARISH OF St], MARY, THE JUDGE OF THE SIXTH PRESIDING. This is an action instituted the 10th April, 1835, by the plaintiffs, to recover from the defendants, Bemiss, Brashear & Co., the amount of anote for the sum of nine hundred and eighty-eight dollars and fifty cents, being the amount of an account for the sale of a carriage and gig, sold by them to said firm, and dated the first May, 1834. The plaintiffs allege that…
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APPEAL FROM THE COURT OP THE FIFTH DISTRICT, FOR THE PARISH OF St], MARY, THE JUDGE OF THE SIXTH PRESIDING. This is an action instituted the 10th April, 1835, by the plaintiffs, to recover from the defendants, Bemiss, Brashear & Co., the amount of anote for the sum of nine hundred and eighty-eight dollars and fifty cents, being the amount of an account for the sale of a carriage and gig, sold by them to said firm, and dated the first May, 1834. The plaintiffs allege that they have a privilege on the carriage or its proceeds, which is worth six hundred and seventy-five dollars, but that in…
1Opinion of the Court
Martin, J,
delivered the opinion of (he court.
The plaintiffs sue on a note of the defendants, Bemiss, Brashear & Co., given for the price of a carriage, and claim a privilege on the carriage as vendors. For this purpose, they brought in the defendant Harman, who had purchased the carriage from Bemiss, his co-defendant, and they claim a rescission of the sale, as having been made in fraud of their rights, as creditors of Bemiss, Brashear & Co., who they allege were insolvent at the time of the sale, to the knowledge of Hannan.
The plaintiffs had judgment on the note.
Where a creditor, at the foot…
2Cited by10 opinions
- W. W. Carre Co. v. E. J. Stewart & Co.Supreme Court of Louisiana · 1928
- Oubre v. Town of DonaldsonvilleSupreme Court of Louisiana · 1881
- T. B. Jordan & Co. v. AndersonSupreme Court of Louisiana · 1877
- Hartson, Inc. v. Brawley & Watson, Inc.Louisiana Court of Appeal · 1965
- McCan v. Fulkerson, McLaurin & Co.Supreme Court of Louisiana · 1874
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