Harvey v. Gartner
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; E. K. Skinner, Judge. Action by Martin W. Harvey and others against Oscar Gartner and others. From the judgment, plaintiffs appeal. The following is an extract from appellees’ brief: In Ellis, Milbank & Co. v. Fisher, Burgess & Co., 10 La. Ann. 479, it was held: “Where two parties have judgments against each other, they are bound to compensate, and the execution in either case may be enjoined.”
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Appeal from Civil District Court, Parish of Orleans; E. K. Skinner, Judge. Action by Martin W. Harvey and others against Oscar Gartner and others. From the judgment, plaintiffs appeal. The following is an extract from appellees’ brief: In Ellis, Milbank & Co. v. Fisher, Burgess & Co., 10 La. Ann. 479, it was held: “Where two parties have judgments against each other, they are bound to compensate, and the execution in either case may be enjoined.” To the extent that plaintiff’s judgment was compensated by each judgment rendered in favor of each defendant, it ceased to be. Having no existence,…
1Opinion
On Rehearing.
SOMMERVILLE, J.
The firm of' Martin W. Harvey & Co. was organized February 1, 1907, to engage in owning and operating a sawmill in St. Tammany parish, La.;. and it went into operation April 1st of the same year. The partners were Martin W. Harvey, who had a one-half interest, Dr. Louis Heintz and James L. Reid, with a one-fourth interest each. Harvey contributed a secondhanded boiler and some machinery, together with a small amount of lumber, valued at about $2,000, to the partnership ; and the other two partners contributed $1,000 each. Oscar Gartner, the principal defendant in…
2Cases cited6 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- T. E. Hill Co. v. United States Fidelity & Guaranty Co.Illinois Supreme Court · 1911
- In re GhiglioneDistrict Court, S.D. New York · 1899
- In re Moehs & RechnitzerDistrict Court, S.D. New York · 1909
- Duncan v. WiseSupreme Court of Louisiana · 1887
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