Legal Opinion

Miller v. New Orleans Acid & Fertilizer Co.

Supreme Court of the United States

Decided January 4, 1909No. 32PublishedCited by 25 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP LOUISIANA. The facts are stated in the opinion.

1Opinion of the CourtJustice White

The law of Louisiana considers the property of the debtor as the common pledge of all his creditors. C. C. 1969. As a general rule, therefore, it contemplates an equality of right in all creditors as to all the property of the debtor, existing at the time an obligation against the debtor arises, unless a creditor, as the result of some lawful contract or from the particular nature of the debt to which the law gives a preference, has acquired a higher and privileged right to payment than that which belongs to the general mass of creditors. C. C.. 1968. Under that law the creditors of a…

2Cases cited3 opinions

  1. Keppel v. Tiffin Savings BankSupreme Court of the United States · 1905
  2. First Nat. Bank of Baltimore v. StaakeSupreme Court of the United States · 1906
  3. Flower v. Their CreditorsSupreme Court of Louisiana · 1848

3Cited by25 opinions

  1. Stellwagen v. ClumSupreme Court of the United States · 1918
  2. Straton v. NewSupreme Court of the United States · 1931
  3. Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
  4. Connell v. WalkerSupreme Court of the United States · 1934
  5. Rubenstein v. LottowMassachusetts Supreme Judicial Court · 1915

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