Funes y Carillo v. President of the Bank of the United States
Supreme Court of Louisiana
Appeal from the Commercial Court of New Orleans, Watts, J. This action was commenced by attachment. The petition alleges that the President, Directors and Company of the Bank of the United States, a corporation created by the State of Pennsylvania, located in the city of Philadelphia, holding property within the juridiction of the court, are indebted to the petitioner in the sum of #48,400, with interest at five per cent a year, from the 1st-April, 1837, he being the holder…
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Appeal from the Commercial Court of New Orleans, Watts, J. This action was commenced by attachment. The petition alleges that the President, Directors and Company of the Bank of the United States, a corporation created by the State of Pennsylvania, located in the city of Philadelphia, holding property within the juridiction of the court, are indebted to the petitioner in the sum of #48,400, with interest at five per cent a year, from the 1st-April, 1837, he being the holder and owner of ten promissory notes, or bonds, each for £1,000, drawn by the defendants, payable to bearer, in London, on…
1Opinion of the CourtMartin, J.
The plaintiff is appellant from a judgment of non suit on his claim for $48,400 and interest, the amount of ten post-notes of the defendants, neither of which is as yet payable. It has been, however, contended, that the bank is notoriously insolvent, and that, therefore, the debts which it owes are all exigible. The first judge has, in our opinion, correctly held, that an actual bankruptcy or cessio bonorum, either voluntary or forced, alone has the effect of rendering immediately exigible debts which have not yet matured by the lapse of the time stipulated in the contract, or the happening…
2Cited by3 opinions
- Montgomery v. TuttCalifornia Supreme Court · 1858
- C. T. Patterson Co. v. Port Barre Lumber Co.Supreme Court of Louisiana · 1914
- Kleinwort & Cohen v. Klingender Bros.Supreme Court of Louisiana · 1859