E. J. Hart & Co. v. Anger & Nicol
Supreme Court of Louisiana
APPEAL from the Twcnty-tliirol District Court, Parish of Iberville. Talbot, J. 1. That principle of the old Roman law adhering to the laws of Spain and obtaining in -Louisiana up to the adoption of the Civil Code in 1828, which treated as nullities stipulations in acts of partnership, providing for the continuance of the partnership between the survivor and the heirs of the partner dying first, was superceded by Art. 2880 (2851) of the Civil Code.
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APPEAL from the Twcnty-tliirol District Court, Parish of Iberville. Talbot, J. 1. That principle of the old Roman law adhering to the laws of Spain and obtaining in -Louisiana up to the adoption of the Civil Code in 1828, which treated as nullities stipulations in acts of partnership, providing for the continuance of the partnership between the survivor and the heirs of the partner dying first, was superceded by Art. 2880 (2851) of the Civil Code. The exception in said article, “unless an agreement has been made to the contrary, ” means that an agreement in the articles of partnership for…
1Opinion of the Court
*343The opinion of the Court was delivered by
Pochí;, J.
The facts are as follows:
In February, 1881, Joseph Anger and T. W. Nicol formed by authentic act a partnership for the cultivation of sugar-cane, for the manufacture of sugar, and for the business of keeping a general country store.
The partnership was to last five years, and the act contained the following stipulation:
“ In the event of the death of either parties to this act, it is to be left optional with the survivor whether said co-partnership shall continue or not.”
Joseph Anger died before the end oí the year 1881, and his widow was…
2Cases cited1 opinion
- Louisiana Bank v. Kenner's SuccessionSupreme Court of Louisiana · 1830
3Cited by1 opinion
- In Re Estate of RootIndiana Court of Appeals · 1950