Cooper v. Jennings Refining Co.
Supreme Court of Louisiana
Appeal from Fifteenth Judicial District Court, Parish of Calcasieu; Edmund Dennis Miller, Judge. Action by John M. Cooper and N. S. Wisenhurst against the Jennings Refining Company, in which John D. Bell intervened as third opponent. From the judgment rendered plaintiffs appeal.
1Opinion of the CourtProvosty, J.
Certain piping belonging to the defendant company has been seized and sold under a fi. fa, in this case, and the third opponent claims that he has by subrogation a vendor’s privilege on the proceeds, which entitles him to be paid by preference.
The sole question in the case is whether the third opponent was subrogated to the rights of the vendor of the piping.
The facts are that, the defendant company having failed to meet the first payment on the purchase of the said piping and the vendor refusing to deliver same, the third opponent agreed verbally to guaranty the payment, provided that should…
2Cases cited6 opinions
- Levy v. Du BoisSupreme Court of Louisiana · 1872
- Baker v. PagaudSupreme Court of Louisiana · 1874
- Merz v. LabuzanSupreme Court of Louisiana · 1871
- Hill v. Ober Atwater & Co.Supreme Court of Louisiana · 1872
- O'Hern v. GouldySupreme Court of Louisiana · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bond v. Commercial Union Assur. Co.Supreme Court of Louisiana · 1981
- Cox v. WM Heroman & Co., Inc.Supreme Court of Louisiana · 1974
- Continental Casualty Company and Employers Surplus Lines Insurance Company v. Canadian Universal Insurance Co.Court of Appeals for the Fifth Circuit · 1979
- Forcum-James Co. v. Duke Transportation Co.Supreme Court of Louisiana · 1957
- Copeland Enterprises, Inc. v. Slidell Memorial Hosp.Supreme Court of Louisiana · 1995
16 more not listed; retrieve them via the Exa API.