Claiborne & Mather v. Their Creditors
Supreme Court of Louisiana
APPEAL FROM THE COURT OF TIIE FIRST JUDICIAL DISTRICT. . . . . , This is the second time, which the present case has been before this court. See 13 La. Rep. 279. Claiborne and Mather were three-fourths owners of the steamboat Marmora, which was destroyed by fire, and J. Le-plicher the owner of the other fourth.
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APPEAL FROM THE COURT OF TIIE FIRST JUDICIAL DISTRICT. . . . . , This is the second time, which the present case has been before this court. See 13 La. Rep. 279. Claiborne and Mather were three-fourths owners of the steamboat Marmora, which was destroyed by fire, and J. Le-plicher the owner of the other fourth. The boat was insured for 140,000. Claiborne and Mather made a surrender of their property to their creditors; alleging, that all their property or effects consisted in the insurance on the steamboat, and about $1000 due to her, and that by losses and misfortunes their debts exceeded…
1Opinion of the CourtSimon, J.
This case was once before tis : In conformity with the decision of this court, reported in 13 La. Rep. 280, the claims of Leplicher, Leon Bernard and Julien, as set forth in their opposition, were to be settled and determined according to the legal principles therein established. One of those, principles was, that the funds under the control of the inferior court, proceeding from the policies of insurance of the steam boat Marmora, being partnership funds, must be first applied to the payment of the partnership debts, in preference to those of the individual debtor; and that as by the…
2Cases cited1 opinion
- Claiborne v. Their CreditorsSupreme Court of Louisiana · 1839
3Cited by9 opinions
- Edco Properties v. LandryLouisiana Court of Appeal · 1979
- Bossier v. LovellLouisiana Court of Appeal · 1982
- Borah v. O'NiellSupreme Court of Louisiana · 1906
- Pennville Natural Gas & Oil Co. v. ThomasIndiana Court of Appeals · 1898
- Maryland Casualty Co. v. Bedsole & ShetleyDistrict Court, W.D. Louisiana · 1964
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