Keyes v. Shannon
Supreme Court of Louisiana
Appeal from the Parish Court of New Orleans, Maurian, J, The court below erred. The appellant bound himself to satisfy such judgment as plaintiff-might obtain against P. Shannon & Brother. He so bound himself, because defendants had assured him that no judgment could possibly be obtained against them, inasmuch as they intended surrendering their property for the common benefit of their creditors, which they accordingly did.
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Appeal from the Parish Court of New Orleans, Maurian, J, The court below erred. The appellant bound himself to satisfy such judgment as plaintiff-might obtain against P. Shannon & Brother. He so bound himself, because defendants had assured him that no judgment could possibly be obtained against them, inasmuch as they intended surrendering their property for the common benefit of their creditors, which they accordingly did. As the event on which the surety was bound to pay has never happened, he cannot be held responsible. But the court below has decided, that a judgment against defendants’…
1Opinion of the CourtMorphy, J.
A. McKeever is appellant from a judgment rendered against him, as surety of the defendants, on a bond signed by the latter to obtain the release of certain goods attached by the plaintiffs. This suit was begun by attachment in the Commercial Court of New Orleans, on the 16th of March, 1840. Some property was attached, which was released on the defendants’ giving bond, with A. McKeever as their surety, on the 20th of March, 1840. The condition of the bond was, that “if the defendants, Pierce Shannon and brother, should satisfy such judgment as might be rendered against them, the obligations…
2Cases cited1 opinion
- Marr v. LartigueSupreme Court of Louisiana · 1811
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- Morgan v. CummingsLouisiana Court of Appeal · 1960
- State ex rel. Simmons v. TheardSupreme Court of Louisiana · 1898