Seixas v. Citizens' Bank
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. The exception by defendant of lis pendens was properly overruled by the court. The Tubal Cain, 9 Federal Rep., 836; 7 Wallace, 619; 14 Ann., 383; 3 Sumner, 165; Godfrey vs. Hall, 4 La., 158 ; 17 La., 480; 6 Mart, N. S., 517 ; 13 Ann.
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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. The exception by defendant of lis pendens was properly overruled by the court. The Tubal Cain, 9 Federal Rep., 836; 7 Wallace, 619; 14 Ann., 383; 3 Sumner, 165; Godfrey vs. Hall, 4 La., 158 ; 17 La., 480; 6 Mart, N. S., 517 ; 13 Ann. Rep., p. 233. The evidence shows that in March, 1884, Oarriére & Sons were indebted to the defendant for “ over-draft ” by themselves and their friends for about $596,380.32, for which they Transferred securities exceeding $300,000, and when said transfers were made, they were and had been…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
This is a suit brought by the syndic of the insolvent firm of A. Carriére & Sons to recover of the Citizens’ Bank a large number of securities which, it is alleged, were illegally acquired by the bank, and to have the transfers of the same declared null, as having been made in fraud of the creditors of the said insolvents.
Some of these transfers are sought to be annulled under the revocatory action, proper, as provided by the Civil Code, and others are assailed as coming under the operation of Section 1808 R. S., relative to contracts made by…
2Cases cited4 opinions
- Mayer v. HellmanSupreme Court of the United States · 1876
- Winchester v. Baltimore & Susquehanna R. R.Court of Appeals of Maryland · 1853
- Bauduc v. His CreditorsSupreme Court of Louisiana · 1832
- Patton v. RyanSupreme Court of Pennsylvania · 1834
3Cited by24 opinions
- Edwards v. Fidelity & Casualty Co.Louisiana Court of Appeal · 1929
- Leurey v. Bank of Baton RougeSupreme Court of Louisiana · 1912
- People's Bank in Liquidation v. Mississippi & Lafourche Drainage Dist.Supreme Court of Louisiana · 1917
- Mayer v. FordLouisiana Court of Appeal · 1943
- Lacroix v. VillioSupreme Court of Louisiana · 1909
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