American Brewing Co. v. Artigues
Supreme Court of Louisiana
Suit to foreclose a mortgage by the Ameriican Brewing Company against Louis Artigues, wherein the Brewing Company proceeded by rule against Bendiseh & Hernandez, contractors to do repair work on the building, and the Recorder of Mortgages, to compel cancellation of registry of the contract in so far as to purport to operate as a lien superior to the mortgage held by the Brewing Company.
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Suit to foreclose a mortgage by the Ameriican Brewing Company against Louis Artigues, wherein the Brewing Company proceeded by rule against Bendiseh & Hernandez, contractors to do repair work on the building, and the Recorder of Mortgages, to compel cancellation of registry of the contract in so far as to purport to operate as a lien superior to the mortgage held by the Brewing Company. The rule was made absolute, and the Recorder of Mortgages ordered to cancel the inscription of the contract of Bendiseh & Hernandez, who appealed to the Court of Appeal, which decreed that the judgment should…
1Opinion of the CourtO’Nibll, J.
In the course of his business dealings, Louis Artigues became indebted to the xYmerican Brewing Company on an open account. The brewing company also held a promissory note for $3,200 signed by Artigues and secured by mortgage on his property. The property was insured against loss by fire, and the policy contained the usual loss payable clause in favor of the mortgagee. A fire occurred on the 11th of July, 1917, damaging the building to the extent of $295, the amount for which it was ascertained the damage could be repaired. The insurance company paid the amount of the loss to the mortgagee;…
2Cases cited1 opinion
- Burbank v. BuhlerSupreme Court of Louisiana · 1902
3Cited by3 opinions
- State Ex Rel. Wheless Inv. Co. v. City of ShreveportLouisiana Court of Appeal · 1932
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