Butler v. Clarke
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J. _ 1. The property of a debtor is the common pledge of his creditors, and the proceeds must be distributed among them ratably unless there exist some lawful cause of preference.
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APPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J. _ 1. The property of a debtor is the common pledge of his creditors, and the proceeds must be distributed among them ratably unless there exist some lawful cause of preference. I?. C. 0,, Art. 3183. 2. Where an Insolvent, prior to his cession, is the owner of certain promissory-notes made by a third person the proceeds of these promissory notes must go in.o the hands of the syndic to be distributed among the creditors ratably,unless there exist some lawful causes of preference. 8.If any of these promissory notes have…
1Opinion of the Court
The opinion of the court was delivered by
Fenneb, J.
The parties have agreed upon a statement of facts in this case, and although the statement is lengthy we will not endanger its completeness by abbreviation. It is as follows:
The parties to the present proceedings are:
1. Thomas Butler, plaintiff.
*151.2. Mrs. M. O. Clarke, defendant.
'3. The Syndic of the creditors of James Clark, appearing in the place of the provisional snydic, intervenor.
4. The Mutual National Bank of New Orleans, intervenor.
5. Westfeldt Brothers, a commercial firm of this city, intervenor.
Mrs. M. O. Clarke, a widow, is the…
2Cases cited1 opinion
- Salzman v. His CreditorsSupreme Court of Louisiana · 1842
3Cited by4 opinions
- Cason v. CecilSupreme Court of Louisiana · 1939
- Leonard v. BrooksSupreme Court of Louisiana · 1925
- Meriwether v. New Orleans Real Estate BoardSupreme Court of Louisiana · 1935
- Starnes v. RoumainLouisiana Court of Appeal · 1934