Beatty v. Scudday
Supreme Court of Louisiana
PPEAL from the District Court of Lafourche, Sterling, J. The proceedings against Marcháis were based on Sec. 48, B. & C., Dig. page 490, which gives to creditors, in case their debtor absconds, the right of sequestrating his effects and putting themselves into possession. This is the sole object of the law, it merely affords to creditors a relief, and points out the way by which they can bo paid.
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PPEAL from the District Court of Lafourche, Sterling, J. The proceedings against Marcháis were based on Sec. 48, B. & C., Dig. page 490, which gives to creditors, in case their debtor absconds, the right of sequestrating his effects and putting themselves into possession. This is the sole object of the law, it merely affords to creditors a relief, and points out the way by which they can bo paid. Not one word is said of the debtor having committed an act of bankruptcy, in which respect it is entirely different from the English and French laws on the same subject. See Code of Commerce, 441,…
1Opinion of the Court
Ogden, J. (Slidell, 0. J. absent.)
The plaintiff, representing the creditors of Prosper Marcháis is the holder of the defendant’s note for $735, dated Jan. 1st, 1851. The defendant had a claim of $883 70 against Marcháis, for that amount deposited by the defendant with Marcháis, on the 29th of May, 1851. Marcháis was, at the time of the deposit, a private banker in the town of Thib-odauxville, and was the holder of defendant’s note, made paj'able to his, Mar-chais' order, one your after the date. Marcháis absconded in June, 1851, before the maturity of defendant’s note, leaving a letter, which…
2Cited by4 opinions
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- Thomas v. Marine Bank & Trust Co.Supreme Court of Louisiana · 1924
- Brock v. Pan American Petroleum CorporationSupreme Court of Louisiana · 1937
- Watkins v. Bank of Morgan City & Trust Co.Louisiana Court of Appeal · 1935