Walden v. City Bank of New Orleans
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. This was an action to rescind a contract of loan, secured by mortgage, entered into by the plaintiff with the City Bank of New Orleans, and, in the mean time, to enjoin the latter from taking any summary measures to enforce its re-payment.
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Appeal from the District Court of the First District, Buchanan, J. This was an action to rescind a contract of loan, secured by mortgage, entered into by the plaintiff with the City Bank of New Orleans, and, in the mean time, to enjoin the latter from taking any summary measures to enforce its re-payment. The petition alleges, that the defendants claim to be creditors of the petitioner for upwards of $200,000, for a loan pretended to have been made in good current money, and to hold a mortgage on property of double that value to secure its payment; and that they have threatened to enforce its…
1Opinion of the CourtBullaRd, J.
Two appeals are before us in this case ; the first from a judgment dissolving an injunction granted at the inception of the suit, and the second from a judgment of nonsuit, rendered upon sustaining a peremptory exception. Our attention, for the present, will be confined to the last; for, if the exception is to be sustained, the injunction falls as a necessary consequence.
The action was brought, to cause to be annulled and rescinded, a contract of loan, secured by mortgage, on the allegations; That the contract was contrary to, and in violation of the charter of the City Bank, it having been…
2Cases cited2 opinions
- Patin v. BlaizeSupreme Court of Louisiana · 1841
- Morgan v. DriggsSupreme Court of Louisiana · 1841
3Cited by2 opinions
- Smith v. HerefordLouisiana Court of Appeal · 1929
- Reynolds v. Succession of WilliamsLouisiana Court of Appeal · 1993