Citizens Bank v. Janin
Supreme Court of Louisiana
APPEAL from the Twenty-second Judicial District Court, Parish of St. Bernard. Livaudais, J, The Third National Bank of New York is in this cause as a third opponent, claiming to be a creditor of the defendant for a large amount, asserting a chattel mortgage on the dredge Kinta, executed in February, 1890, to secure the indebtedness, and alleging that it, the opponent, was in possession of the dredge as pledgee.
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APPEAL from the Twenty-second Judicial District Court, Parish of St. Bernard. Livaudais, J, The Third National Bank of New York is in this cause as a third opponent, claiming to be a creditor of the defendant for a large amount, asserting a chattel mortgage on the dredge Kinta, executed in February, 1890, to secure the indebtedness, and alleging that it, the opponent, was in possession of the dredge as pledgee. From 1890, when these pecuniary transactions commenced, down to the fall of 1892, there is a mass of correspondence between the Third National Bank and Janin. In these letters the bank…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
The Third National Bank of New York advanced a large amount to the St. Louis, New Orleans and Ocean Canal and Transportation Co.; the payment of which the defendant undertook to secure by executing a chattel mortgage in New York of property in Louisiana.
The Citizens Bank, another creditor of the defendant, having obtained a judgment, seized the property and had it sold.
The proceeds are claimed by the Third National Bank of New York.
This bank alleged, in its opposition claiming the proceeds, that the chattel mortgage was in effect a pledge,…
2Cases cited1 opinion
- Casey v. CavarocSupreme Court of the United States · 1878
3Cited by5 opinions
- In re Pleasant Hill Lumber Co.Supreme Court of Louisiana · 1910
- Ideal Loan of New Orleans, Inc. v. JohnsonLouisiana Court of Appeal · 1969
- Canal-Commercial Trust & Savings Bank v. New Orleans, T. & M. Ry. Co.Supreme Court of Louisiana · 1926
- Succession of BierSupreme Court of Louisiana · 1919
- T. A. Gaskin Lumber Co. v. Airline Lumber Co.District Court, E.D. Louisiana · 1953