Succession of Lanaux
Supreme Court of Louisiana
APPEAL from the Oivil District Oourt, Parish of Orleans. King, J. This is a contest over an account of distribution presented by the executor of this succession. Among the princ pal creditors of this succession are Widow F. E. Tassin, Denis Lanaux, Joseph R. Hymel, and the heirs of Seraphin Hymel and of Octave Hymel. They had been placed upon said account as privileged creditors whose claims were secured by pledge of stocks and notes.
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APPEAL from the Oivil District Oourt, Parish of Orleans. King, J. This is a contest over an account of distribution presented by the executor of this succession. Among the princ pal creditors of this succession are Widow F. E. Tassin, Denis Lanaux, Joseph R. Hymel, and the heirs of Seraphin Hymel and of Octave Hymel. They had been placed upon said account as privileged creditors whose claims were secured by pledge of stocks and notes. Their right to a pledge and preference was opposed by several creditors. The court below denied their privilege. From this judgment they have appealed.…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
Pierre Lanaux, commission merchant and factor, died in the city of New Orleans, September 6, 1892. He was the agent for Mrs. E. Tassin, Octave Hymel, deceased, and J. R. and Seraphin Hymel. These parties entrusted their funds to Lanaux for investment without specifying and directing the mode of'investment. These funds were never, except in case of Mrs. Tassin, loaned to Lanaux, and he was never authorized to use them for his own purposes or in his business. The mandate, as shown by the witnesses and the correspondence between the parties,…
2Cited by17 opinions
- Loewenberg v. Fidelity Union Casualty Co.Louisiana Court of Appeal · 1933
- In re BaconCourt of Appeals for the Second Circuit · 1913
- Carpenter v. WilliamsCourt of Appeals of Georgia · 1930
- In re Pleasant Hill Lumber Co.Supreme Court of Louisiana · 1910
- Burnes v. Daviess County Bank & Trust Co.Court of Appeals of Kentucky · 1909
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