State National Bank v. Bryant & Mathers
Supreme Court of Louisiana
APPEAL from the Civil Judicial District Oourt for the Parish of Orleans. Théard, J. The estate of Marx being insolvent the Public Administrator represents the creditors,’ and was a third person quoad the State National Bank. No valid pledge has been provedas against the Public Administrator, who is a third person, he representing the creditors of S. E. Marx, his estate being insolvent. 14 An. 375; 15 An. 165; 32 An. 586; 31 An. 865; Art. 3158, Revised Civil Code.
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APPEAL from the Civil Judicial District Oourt for the Parish of Orleans. Théard, J. The estate of Marx being insolvent the Public Administrator represents the creditors,’ and was a third person quoad the State National Bank. No valid pledge has been provedas against the Public Administrator, who is a third person, he representing the creditors of S. E. Marx, his estate being insolvent. 14 An. 375; 15 An. 165; 32 An. 586; 31 An. 865; Art. 3158, Revised Civil Code. Where the possession of the pledgor is not sufficiently complete to prevent substitution, the pledge is not valid. 46 An. 1046; 96…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
The defendants in this case are the proprietors of ¡the Louisiana Press in the city of New Orleans, in which parties are *472in the habit of storing cotton for a consideration. Among their customers was one Simon E. Marx, who, during the season of 1893 and’ 1894, stored several thousands of bales in their warehouse. Marx died on the 22d of January, 1894. At the time of his death the State National'Bank, plaintiffs herein, were the holders of the fiye receipts, signed by the defendants, which they annexed to-their petition, in which they…
2Cases cited4 opinions
- Gon-Shay-EeSupreme Court of the United States · 1889
- Salzman v. His CreditorsSupreme Court of Louisiana · 1842
- Hepp v. GloverSupreme Court of Louisiana · 1840
- Deloach v. JonesSupreme Court of Louisiana · 1841
3Cited by4 opinions
- Interstate Banking & Trust Co. v. BrownCourt of Appeals for the Sixth Circuit · 1916
- Cason v. CecilSupreme Court of Louisiana · 1939
- Leonard v. BrooksSupreme Court of Louisiana · 1925
- Meriwether v. New Orleans Real Estate BoardSupreme Court of Louisiana · 1935