Commercial Germania Trust & Savings Bank v. White
Supreme Court of Louisiana
Appeal from Civil District Court, Parisli of Orleans; T. C. Ellis, Judge. Action by the Commercial Germania Trust & Savings Bank against A. S. White, wherein defendant’s creditors intervened and sought injunction. From judgment dissolving the injunction, the creditors appeal.
1Opinion of the CourtProvosty, J.
The sale by which the defendant, White, acquired the property in litigation, was in reality a cash sale, and the entire purchase price was paid cash at the time of the passage of the act of sale. But, in order to create a note secured by mortgage and vendor’s privilege on the said property, to be used by him thereafter as a collateral in obtaining loans, he caused the sale to be made as if on a credit. Accordingly, the act of sale was made to recite that the sale was on a credit; that he, the purchaser, executed his note for the purchase price, secured by mortgage and vendor’s privilege on…
2Cases cited12 opinions
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Farley v. Frost-Johnson Lumber Co.Supreme Court of Louisiana · 1913
- Landry v. LandrySupreme Court of Louisiana · 1888
- Robinson v. BrittonSupreme Court of Louisiana · 1915
- Phelan v. WilsonSupreme Court of Louisiana · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Smith v. ChappellSupreme Court of Louisiana · 1933
- Mary H. Shelp and Genevieve M. McKinney v. National Surety CorporationCourt of Appeals for the Fifth Circuit · 1964
- Ceromi v. HarrisSupreme Court of Louisiana · 1937
- Straus v. City of New OrleansSupreme Court of Louisiana · 1928
- Tircuit v. Burton-Swartz Cypress Co.Supreme Court of Louisiana · 1926
21 more not listed; retrieve them via the Exa API.