Legal Opinion

John Calder & Co. v. Their Creditors

Supreme Court of Louisiana

Decided May 15, 1893No. 11,157PublishedCited by 1 opinion

APPEAL from the Civil District Courb for the Parish of Orleans. King, J. An insolvent can not surrender to his creditors property which belonged to a succession of which he was co-executor. 9 B. 372. A surviving partner can not surrender in insolvency the individual property of his deceased partner, and on the application of the executors of the deceased partner this property should be struck from the schedule.

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APPEAL from the Civil District Courb for the Parish of Orleans. King, J. An insolvent can not surrender to his creditors property which belonged to a succession of which he was co-executor. 9 B. 372. A surviving partner can not surrender in insolvency the individual property of his deceased partner, and on the application of the executors of the deceased partner this property should be struck from the schedule. Bird vs. Jones, 5 An. 645. A surviving partner can not surrender the property belonging to the firm dissolved by the death of his copartner. If he could, he can not do so for debts…

1Opinion of the Court

The opinion of the court was delivered by

Watkins, J.

This is an action to annul and set aside an order of court appointing two provisional syndics for the insolvent estates of John Oalder & Oo. and of David R. Oalder, individually, in so far as it affects the one-half interest of the deceased member of the co-partnership, John Oalder, and also the order of the judge accepting the surrender of the interest of said John Oalder in the assets of John Oalder & Oo., consisting of real estate described in the schedule as property of the firm.

Also to strike from the insolvent’s schedule all of the…

2Cases cited1 opinion

  1. Succession of PorterSupreme Court of Louisiana · 1843

3Cited by1 opinion

  1. Succession RidleyLouisiana Court of Appeal · 1964

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