Prieur v. Their Creditors
Supreme Court of Louisiana
Appeal from the Parish Court of New Orleans, Maurian, J. The syndic should have been made responsible for the value of the real estate sold by him, it having been made without an order of court.
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Appeal from the Parish Court of New Orleans, Maurian, J. The syndic should have been made responsible for the value of the real estate sold by him, it having been made without an order of court. But should it be determined that, under the 15th sect, of the act of 1817, and the 2d sect, of that of 1826, an order of court is unnecessary, where the creditors have themselves fixed the terms of sale, it . will still be necessary to show that the sale was made agreeably to the votes of the creditors, which has not been proved in this instance. In the case of Meilleur v. His Creditors, 3 La. 532, it…
1Opinion of the CourtGarland, J.
In May, 1834, Townsley, Prieur & Co., made a cession of their property, and at a meeting of their creditors, Alexander Prieur, one of the partners, was appointed syndic, and took upon himself the administration of the estate surrendered. The amount surrendered, in debts and property, was $220,865 08, and the liabilities, direct and indirect, a considerable sum more. The creditors, at their meeting, fixed the terms of sale of the property surrendered; and their proceedings were soon after homologated. The record shows no further proceedings in the case until the 20th of December, 1838, when…
2Cases cited2 opinions
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Meilleur v. His CreditorsSupreme Court of Louisiana · 1832