Legal Opinion

Flower v. Their Creditors

Supreme Court of Louisiana

Decided February 15, 1848PublishedCited by 1 opinion

APPEAL from the Third District Court of New Orleans, Kennedy, J. The only question which this case presents is. whether the individual creditors of William Flower are entitled to be paid the full amount -of their claims out of the assets surrendered by him; or whether the partnership creditors have a right to participate pari passu with the personal creditors, in the distribution of those funds ? The judge below decided this question in favor of the opposing creditors; from…

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APPEAL from the Third District Court of New Orleans, Kennedy, J. The only question which this case presents is. whether the individual creditors of William Flower are entitled to be paid the full amount -of their claims out of the assets surrendered by him; or whether the partnership creditors have a right to participate pari passu with the personal creditors, in the distribution of those funds ? The judge below decided this question in favor of the opposing creditors; from which decision the individual creditors have taken this appeal. It is contended that as the opponents are creditors of a…

1Opinion of the Court

The judgment of the court was pronounced by

Slidell, J.

The question presented to us in this case is, whether dividual creditors of William, Flower are entitled to be paid the full amKum their claims out of the assets surrendered by him; or whether the partners' creditors have a right to participate pari passu with the individual creditor the distribution of those funds. The district judge decided the question in favor of the partnership creditors, and the individual creditors have appealed.

We have carefully perused the elaborate argument presented by the appellants, and are not insensible to…

2Cases cited2 opinions

  1. Town v. Syndics of MorganSupreme Court of Louisiana · 1830
  2. Hagan v. ScottSupreme Court of Louisiana · 1836

3Cited by1 opinion

  1. Miller v. New Orleans Acid & Fertilizer Co.Supreme Court of the United States · 1909

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