Devlin v. His Creditors
Supreme Court of Louisiana
APP~A~ PJIOM THE COURT OP THE PARISH AND CITY OP iEVi-ORLEANS. Opposition was made to the homologation of the tableau of distribution for this: That there was no account therein of certain notes which were deposited with John Hagan & Co. by the insolvent, and which formed part of the property ceded by the latter to his creditors."
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APP~A~ PJIOM THE COURT OP THE PARISH AND CITY OP iEVi-ORLEANS. Opposition was made to the homologation of the tableau of distribution for this: That there was no account therein of certain notes which were deposited with John Hagan & Co. by the insolvent, and which formed part of the property ceded by the latter to his creditors." To prove the deposite, interrogatories were propounded to John ilagan & Co. who, in answer thereto stated: that the insolvent, previous to his failure, and at the time of their incurring respon-. sibility on his account, had endorsed over and put into their~…
1Opinion of the CourtPorter, J.
Opposition was filed in this case to the tableau of distribution, because certain notes deposited by the insolvent in the hands of the appellants, who are his creditors, had not been taken possession of by the syndics, and accounted for as part of the estate.
The court sustained the objection, and this appeal is taken from its decision.
The notes were negotiable, and were endorsed by the insolvent. They were placed in the hands of the appellants some time before his failure, as collateral security, for engagements the depositaries had come under for him.
This transaction the appellees insist,…
2Cited by3 opinions
- Harrington v. UpchurchLouisiana Court of Appeal · 1976
- Lapice v. CliftonSupreme Court of Louisiana · 1841
- Brother v. SaulSupreme Court of Louisiana · 1856