Legal Opinion

Southwestern Surety Co. v. Mitchell-Borne Const. Co.

Supreme Court of Louisiana

Decided June 2, 1919No. Nos. 22748, 22751, 22752, and 22756PublishedCited by 9 opinions

Appeal from Civil District Court, Parish of Orleans; Fred D. King, Judge. In the matter of the liquidation of the Mitchell-Borne Construction Company, in which oppositions were filed to the final account of Michael Mitchell, receiver, by the New Orleans Bailway & Light Company, William F. Kelly, John O. Chisholm, the Southwestern Surety Company, succeeded by the Southern Surety Company, and Mrs. E. D. Borne, widow and administratrix of the estate of Benjamin W. Borne,…

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Appeal from Civil District Court, Parish of Orleans; Fred D. King, Judge. In the matter of the liquidation of the Mitchell-Borne Construction Company, in which oppositions were filed to the final account of Michael Mitchell, receiver, by the New Orleans Bailway & Light Company, William F. Kelly, John O. Chisholm, the Southwestern Surety Company, succeeded by the Southern Surety Company, and Mrs. E. D. Borne, widow and administratrix of the estate of Benjamin W. Borne, deceased, which oppositions were consolidated for trial on the merits, and direct action against the receiver and the…

1Opinion of the CourtDawkins, J.

These consolidated cases embrace appeals by certain members of the firm of Mitchell-Borne Construction Company, and by certain creditors of the partnership, from a judgment of the lower court dismissing their oppositions to the final account of the receiver or liquidator of that concern; also, the appeal of the plaintiff in the case of Southwestern Surety Company against the said partnership in liquidation, in which the said surety company brought a direct action for the recognition of its claims.

Mitchell-Borne Construction Company was an ordinary and particular partnership, composed of…

2Cases cited1 opinion

  1. Lutenbacher v. Mitchell-Borne Const. Co.Supreme Court of Louisiana · 1915

3Cited by9 opinions

  1. Snelling v. AdairSupreme Court of Louisiana · 1940
  2. LaFleur v. SylvesterLouisiana Court of Appeal · 1961
  3. Spencer v. Children's HospitalSupreme Court of Louisiana · 1983
  4. Masterson v. AllenCourt of Appeals of Texas · 1934
  5. Sondes v. Sears, Roebuck and Co.Louisiana Court of Appeal · 1986

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