Durnford v. Seghers' Syndics
Supreme Court of Louisiana
Appeal from the court of the first district. The plaintiff and appellee claims the amount of a check of $5900, which was given him, by the insolvent, for the balance of money collected by him, as his lawyer. The payment of it is claimed as a privileged debt. The defendants and appellees contest the existence of the debt; aver that the claim is fraudulent and collusive, and, at all events, that it should not be paid as a privileged debt.
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Appeal from the court of the first district. The plaintiff and appellee claims the amount of a check of $5900, which was given him, by the insolvent, for the balance of money collected by him, as his lawyer. The payment of it is claimed as a privileged debt. The defendants and appellees contest the existence of the debt; aver that the claim is fraudulent and collusive, and, at all events, that it should not be paid as a privileged debt. That the claim is a real and not a fictitious one, just and free from collusion, cannot be doubted, after the slightest consideration of the evidence. The…
1Opinion of the CourtPorter, J.
The plaintiff claims the right of being placed among the privileged creditors of the insolvent, and paid in preference to those merely personal—on the ground that the debt due him, arose from a deposit.
The facts, proved in the case, show that Seghers had been employed as attorney by the plaintiff, to attend to several suits, and collect debts, and that he received a compensation for so doing. In the month of July, 1812, there was a settlement of their accounts, and a check was received by the plaintiff for the balance due, $5900 7 cents, which, it would appear from the evidence, he retained…
2Cited by1 opinion
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