Legal Opinion

Barker ex rel. Atchafalaya Bank v. Banks

Supreme Court of Louisiana

Decided June 15, 1840PublishedCited by 4 opinions

APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. This case commenced by the executory proceeding. Barker having sold to Banks and Cammack a lot of ground in New-Orleans for ten thousand dollars, the latter gave their six promissory notes, payable at different periods, drawn and endorsed in blank by each other, and secured by mortgage on the premisses.

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APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. This case commenced by the executory proceeding. Barker having sold to Banks and Cammack a lot of ground in New-Orleans for ten thousand dollars, the latter gave their six promissory notes, payable at different periods, drawn and endorsed in blank by each other, and secured by mortgage on the premisses. Barker having deposited the notes with the bank as collateral security, on several of them falling due and remainingunpaid, took out an order of seizure and sale to have a portion of the mortgaged properly sold for cash, and the remainder on…

1Opinion of the CourtMartin, J.

The defendants are appellants from an order of seizure and sale, granted to the plaintiff, Barker, for the use of the Atchafalaya Bank, against certain property purchased by them from Barker, the vendor.

The act of sale shows that the defendants, John G. Banks and Robert C. Cammack,. purchased a corner lot of ground in New-Orleans, for the sum of ten thousand dollars, payable in six instalments, for which they gave their promissory notes; each of them being alternately maker and endorser, together with a mortgage on the property. The act of sale éxpresses, that these notes are drawn payable to…

2Cited by4 opinions

  1. Li Rocchi v. KeenSupreme Court of Louisiana · 1961
  2. Driggs v. MorganSupreme Court of Louisiana · 1845
  3. Keen v. LirocchiLouisiana Court of Appeal · 1963
  4. Li Rocchi v. KeenSupreme Court of Louisiana · 1961

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