Burdeau v. Creditors
Supreme Court of Louisiana
PPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J.~ _ Fraudulent intent can never be absolutely proved; it can only be inferred. Therefore, the law presumes from certain acts a fraudulent intent on the part of him who commits them.
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PPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J.~ _ Fraudulent intent can never be absolutely proved; it can only be inferred. Therefore, the law presumes from certain acts a fraudulent intent on the part of him who commits them. This presumption is sometimes inconclusive, and may be rebutted (Sec. 1804, R. S.), and sometimes conclusive (Arts. 3359 and 3360, O. 0.). The legal presumption of a fraudulent intent is conclusive where the act complained of is a dation en paiement made by an insolvent within three months preceding liis surrender, whereby the donee obtains…
1Opinion of the Court
The opinion of the Court was delivered, by
Watkins, J.
Seeking the benefit of the insolvent laws of the State, Charles K. Burdeau made a cession of his property to his creditors, filed a schedule of his assets, accompanied with a list of his creditors, and obtained an order of the judge accepting same for the benefit of his creditors.
At a meeting of the creditors of the insolvent, duly convoked, a majority in number and amount voted for his discharge — there being only four who voted against his discharge — their debts aggregating *12$5490.66, or about one-fifth of the aggregate of the claims of…
2Cases cited3 opinions
- Alexander v. KerrSupreme Court of Pennsylvania · 1828
- Montilly v. His CreditorsSupreme Court of Louisiana · 1841
- Campbell v. His CreditorsSupreme Court of Louisiana · 1840
3Cited by5 opinions
- In Re TrahanDistrict Court, W.D. Louisiana · 1968
- Dreyfous v. CadeSupreme Court of Louisiana · 1915
- Carr v. CrowLouisiana Court of Appeal · 1929
- Robinson v. MooreLouisiana Court of Appeal · 1927
- General Motors Acceptance Corp. v. BudreauxLouisiana Court of Appeal · 1929