Thayer v. Goodale
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES OF NEW-ORLEANS. The plaintiffs opposed the tableau of distribution filed by the curator of the estate of Bernabeu, whereon Goodale was placed as a privileged creditor on a sum of money received by the curator from an insurance company, on the loss of a cargo furnished to the deceased on Goodale’s credit, and for which the latter had not been paid. The court a qua sustained the opposition, and the defendant appealed.
1Opinion of the CourtMartin, J.
The defendant complains of the judgement of the Court of Probates disallowing a place on the tableau of distribution as a privileged creditor on a sum of money received by the curator from an insurance company, on the loss of a cargo furnished to the deceased on the defendant’s credit, and for which the defendant has not been paid.
He who pays for a cargo is subrogated to the privilege of those who furnished it; but the privilege is extinguished by the distribution of the thing on which it exists. Where goods are insured and lost at sea, they are not represented by the thing insured, nor is…
2Cases cited1 opinion
- Johnson's Ex. v. DuncanSupreme Court of Louisiana · 1822
3Cited by7 opinions
- Learned v. BrownCourt of Appeals for the Fifth Circuit · 1899
- Pendleton v. KinsleyU.S. Circuit Court for the District of Rhode Island · 1871
- Cook v. CrowLouisiana Court of Appeal · 1939
- Werk v. LeathersU.S. Circuit Court for the District of Louisiana · 1872
- In re ReisU.S. Circuit Court for the District of Louisiana · 1876
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