Beck v. Howard
Supreme Court of Louisiana
APPEAL, by the defendant, from a judgment of the Fifth District Court of New Orleans, Buchanan, J. An action like the present, even where a positive promise is clearly proven, cpnnot he maintained under our insolvent system. The principle of equality in the distribution of th.e debtor’s assets among his creditors, is the essential characteristic of that system. If the defendant has acquired property since his cession, that property is the common pledge of all his creditors.
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APPEAL, by the defendant, from a judgment of the Fifth District Court of New Orleans, Buchanan, J. An action like the present, even where a positive promise is clearly proven, cpnnot he maintained under our insolvent system. The principle of equality in the distribution of th.e debtor’s assets among his creditors, is the essential characteristic of that system. If the defendant has acquired property since his cession, that property is the common pledge of all his creditors. It must be brought into the insolvency and equally partitioned. No one creditor, by obtaining a promise from the common…
1Opinion of the Court
The judgment of the court was pronounced by
Kino, J.
The defendant is sued on an open account, and pleads in bar of the action, a cession of his property made after the debt accrued, to which the plaintiff was a party, and which was accepted by the judge. The plaintiff relies on a promise to pay the debt, made by the defendant subsequently to the surrender.
The subsequent promise, which is fully proved, created a new obligation, which authorized the plaintiff to maintain his action, whether we are to consider, under the pleadings an.d evidence, that the defendant was discharged, or not, by his…
2Cases cited1 opinion
- St. Martin v. His CreditorsSupreme Court of Louisiana · 1844
3Cited by4 opinions
- Irwin v. HunnewellSupreme Court of Louisiana · 1945
- Securities Finance Co. v. WashingtonLouisiana Court of Appeal · 1967
- Securities Finance Co. v. MarburyLouisiana Court of Appeal · 1965
- Mortgage Investment, Inc. v. NatalSupreme Court of Louisiana · 1935