Atchafalaya Bank v. Dawson
Supreme Court of Louisiana
APPEAL PROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This is an action against the endorser of a promissory note, discounted at the branch of the Atchafalaya Bank, established at Monroe, in the parish of Ouachita.
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APPEAL PROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This is an action against the endorser of a promissory note, discounted at the branch of the Atchafalaya Bank, established at Monroe, in the parish of Ouachita. The defendant resides in the state of Mississippi, and this suit was instituted by attachment in the District Court at New-Orleans, the 2d March, 1838. The defendant appeared by counsel, and put in an excep-tiondenying the right and power of the plaintiff to sue and maintain this action, because said plaintiff can no longer use its corporate name or…
1Opinion of the Court
The judges delivered their opinions seriatim.
Eustis, J.
The Civil Code of Louisiana provides, by the article 438, for the dissolution of corporations, first, by an act of the legislature in the cases and on the conditions provided; and secondly, by forfeiture, when the corporation abuses its privileges or refuses to accomplish the condition on which they were granted, in which case the corporation becomes extinct by the effect of the violation of the conditions of the act of incorporation.
It would certainly be difficult to find in our language stronger terms, or to combine them with more…
2Cases cited1 opinion
- The Town of Pawlet v. D. CLARK & OTHERSSupreme Court of the United States · 1815
3Cited by16 opinions
- Bybee v. Oregon & California RailroadSupreme Court of the United States · 1891
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- State ex rel. Berge v. LansingNebraska Supreme Court · 1895
- Clarke v. BoysenCourt of Appeals for the Tenth Circuit · 1930
- Louisiana State Bank v. Orleans Navigation Co.Supreme Court of Louisiana · 1848
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