Potier v. Harman
Supreme Court of Louisiana
Charles Henry Breisgass, one of the defendants, is appellant from a judgment of the District Court of the First District, Buchanan, J., annulling a sale from Harman to Breisgass, of the contents of a shop, which the plaintiff had sold to Harman. The petitioner avers that the sale to Breisgass was fictitious, and intended to defraud him of his privilege on the goods for the balance of the price, for which Hartnan had given his notes.
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Charles Henry Breisgass, one of the defendants, is appellant from a judgment of the District Court of the First District, Buchanan, J., annulling a sale from Harman to Breisgass, of the contents of a shop, which the plaintiff had sold to Harman. The petitioner avers that the sale to Breisgass was fictitious, and intended to defraud him of his privilege on the goods for the balance of the price, for which Hartnan had given his notes. The notes were not due at the institution of the suit; but became so, shortly afterwards. The appeal bond was executed on the 19th of January, 1839, with one.…
1Opinion of the Court
Simon, J.*
This case comes before us in a very imperfect state. The plaintiff, who seeks to set aside a sale of certain goods, which he alleges was made by one of the defendants to the other, in fraud of his privileged rights, prayed that both his debtor and Breisgass, the vendee, might be cited, that a writ of sequestration might be *526issued, the goods be sold, and that he have judgment against both defendants for the amount due him. Breisgass, only* was cited, and joined issue. His co-defendant does not appear to have been cited, nor, if he was absent from the state, was any curator ad hoc…
2Cited by4 opinions
- Dumas v. LefebvreSupreme Court of Louisiana · 1845
- New Orleans Credit Men's Ass'n v. CattanaSupreme Court of Louisiana · 1919
- Andrews v. LalumiaLouisiana Court of Appeal · 1959
- Zimmerman v. FitchSupreme Court of Louisiana · 1876