Hobson v. Davidson's Syndic
Supreme Court of Louisiana
Appeal from the court of the parish and city of New-Orleans. The plaintiffs stated that they sold, by J. K. West, their agent, a quantity of merchandise to the insolvent, to the amount of $4313 57, according to the account annexed to the petition that $2882 92, remain due, and a general sequestration has issued against his goods, which, accordingly, have been taken by the sheriff.
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Appeal from the court of the parish and city of New-Orleans. The plaintiffs stated that they sold, by J. K. West, their agent, a quantity of merchandise to the insolvent, to the amount of $4313 57, according to the account annexed to the petition that $2882 92, remain due, and a general sequestration has issued against his goods, which, accordingly, have been taken by the sheriff. Among them is a part of the goods sold by them ; whereupon they obtained a particular and separate sequestration, The defendant pleaded the general issue and denied that the plaintiffs had any privilege. J. K. West…
1Opinion of the CourtDerbigny, J.
The plaintiffs claim a privilege on sundry goods, which were sold to William Davidson, an insolvent debtor, of whose creditors the defendant is syndic. The goods were found in the insolvent’s possession, and there is no dispute about their identity.
The claim is resisted, on the ground, that the sale was not made by the plaintiffs, but by another person, to wit, John K. West, to whom Davidson had given in payment his promissory notes, which were subsequently replaced by other notes, subscribed directly to one of the *430plaintiffs : from this circumstance, it is argued that a novation has taken…
2Cited by2 opinions
- Garland v. DimitrySupreme Court of Louisiana · 1927
- Junek v. HezeauSupreme Court of Louisiana · 1857