Stanton v. Harvey
Supreme Court of Louisiana
APPEAL from the Ninth District Court, Parish of Concordia. Young, J. 1. To authorize a judgment against one for the debt of another by reason of the fraudulent disposition of the debtors, the insolvency of the debtor must be alleged and shown, and it must be alleged and proved that the debt can not be made out of the debtor. 2. Such an action is for damages for a quasi offence, and must be clearly and conclusively established. 12 R. 25, 26; 16 An. 151; 1 Hen., p. 521, No. 1.…
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APPEAL from the Ninth District Court, Parish of Concordia. Young, J. 1. To authorize a judgment against one for the debt of another by reason of the fraudulent disposition of the debtors, the insolvency of the debtor must be alleged and shown, and it must be alleged and proved that the debt can not be made out of the debtor. 2. Such an action is for damages for a quasi offence, and must be clearly and conclusively established. 12 R. 25, 26; 16 An. 151; 1 Hen., p. 521, No. 1. 3. Under the Mississippi Code there is no community, and the husband is not liable for the obligations of the wife.…
1Opinion of the Court
The opinion of the court was delivered by
Bermudez, C. J.
This is a suit to hold a husband liable for the rent of property leased by him in the name of his wife.
The property lies in Louisiana and the husband and wife were at the date of the contract residents of another State.
The defence is, that the defendant did not lease for his account but for that of his wife; that he is not liable, that she is.
From a judgment condemning him to pay he appealed.
The contention is, that, under the laws of the domicil of the parties, the wife could lease the property for her own account; that the husband would…
2Cited by5 opinions
- In re the Estate of CrichtonNew York Court of Appeals · 1967
- Cook v. Louisiana & N. W. R.Supreme Court of Louisiana · 1912
- Welty v. St. Charles St. R.Supreme Court of Louisiana · 1903
- James v. Travelers Indemnity Co.Louisiana Court of Appeal · 1971
- Seelhorst v. PontcharTrain R. R.Louisiana Court of Appeal · 1929