The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-05-05
Supreme Court of Louisiana. 1.


I
The Citizens Bank of Louisiana under the 9th section Of
It's chafie not bound by the nsolven proceedings of
any OF Its debtors whose property it has mort
and stock notes, but if it makes itself voluntarily party
to such proceedings and look the syndc of
the creditors of its inolven debtor for settlement of its
claims, it will be bound Thereby. The law makes a
privilege IN favor of the Bank, which it may waive.
| WILLIAM ALLING u.s. The CITIZENS BANK OF
LOUISIANA. Appeal from The Fifth District Court
| Of Ne,o Orleans. RosT, j.. Plaintiff enoined
an order OF seizure and sale, sued out by the de-
iendants on two mortgages subscribed by him
In their favor. The facts of this controversy are
Identical with those of Berol Us. the same defend
ants, An. 49, with the single exception that in
Bertoli's case the sale of the property mortgaged
was made without the participation or knowledge
OF the Bank, while in this the Bank authorized the
syndc to sell on condition that the purchaser should
assume all the obligations of the insovent TO Them
and take the property subject to the stock mort.
gage. The District Court considered that although
the defendants may not be bound by the proceed
ings in bankruptcy of their debtors, they NAV
waive that privilege, and being of opinion that
they had done SO in this case, and made themselves
parties to the proceedings, perpetuated the iniunc.
ton. Defendants appealed
Defendants authorized the syndic Of the creditors
OF Donlin, the insolvent debtor sell the property
mortgaged to them, on condition that the purchaser
should assume the stock mortgage, and paw all
sums actually due them. After this authorization,
Mr. Hoffman, the legal adviser of the syndic, and
one OF the Commissioners of the Bank, called upon
the Cashier, and presented TO him a manuscript adj
vertisement of the syndics sale, with blank space
left In it for the insertion of description of the
nature and amount of the obligations due the Citi-
Zens' Bank. The Cashier inserted in this blank
the description of stock note of $1,000, maturing
May l, l647, and returned the advertisement.
which was then duly published. After the legal
delays, the property with the stock upon it, was ad
Indicated to the plaintiff, for sum more than suffi
cient TO pay all the claims which the defendants
really had upon it. The syndic having raised all
the mortgages on the property, except the stock
mortgage. executed the act Of sale to the pur.
chaser, and received the price in money and notes.
including the stock note This sale was passed by
notary, who then the acting President OF the
Board of Directors of the Citizens Bank, and the
title-papers of Donlin were delivered to him by
the officers Of the Bank, for the purpose of enabling
him to pass it. Lessassler, the Cashier, testfies
that about this time he sent to the syndic memo
randum Of the cash Indebtedness of Donlin; but
cannot state whether he mentioned therein the |
nature of that Indebtedness and that it was secured
by mortgage.
In due course Of administration, the syndic filed
his tableau of distribution, on which he placed the
defendants, as ordinary creditors, for $1699. After
the usual advertisements this tableau was homoo-
gated without opposition from defendants, and UNI
der the order of court the assets in the hands of the
syndic, with the exception of the last note fur
nlshed by plaintiff, paid over to the creditors
The plaintiff having subsequently, called upon de-
PENDANTS Tor transfer of the stock him on their
books, was met by the cashier with a demand for |
$l69S, alleged to be due the Bank, and secured on
the property sold by a mortgage, subsequent in date
to the stock mortgage. This debt and mortgage |
appearing TO exist on the books of the Bank, they
declined to transfer the stock, and the refusal Of
the plaintiff to pay the sum claimed, took out |
against him for this amount, and for that of the |
stock note, the order of seizure which he has en-
joined
1t was held by the Supreme Court that the Bank
having joined in the proceedings of the other cred
ors, and agreed to look to the syndic for payment
and sum sufficient having been realized by the
sale to satisfy their entire claim, the fact that this
sum was not SO applied, was attributable to the
negligence of the officers of the Bank. Judgment
affirmed, with costs.
JOHN nj. BACH Us, w. C. GooDRIcH AND D.
S. devices, SHERIFF; j. p. KAY, INTERvENoR
Appeal from the Third Judicial District Court,
Parish of Jefferson. Judgment affirmed, with
costs.
TAYLOR d cassidy Us. B. BUTMAN & Co.
Appeal from the Fourth District Court of Ne,c Or
leans .SLIDELL, j.. Judgment affirmed against
defendants, with ten per cent. damages, for a
frivolous appeal, and costs.
THos. N. CAzENEAU u.s. GORDON PLUMMER.
Appeal from the Fourth District Court of Ne,o Or
leans. .SLIDELL, J. B.. Judgment affirmed, with
costs.
SUCCESSION OF B. NJ. HOLMES; ]. F. RELF,
CURATOR; Mis-. Z. WRIGHT, OPPONENT. "
RosT, J. Appeal dismissed ,Ihe certificate being
insufficient
T. A. S. DoNIPHAN, FOR THE USE OF, ETC,
Us. EDWARD STEVENS. Appeal from the Fourth
District Court of .NeD Orleans. . .EusTIs, c. j..
Judgment affirmed, with costs.
=, ANN E. HILL, ADMINISTRATOR, Us. JAMES
Noe AND p. S. Devices. Appeal from the Third
judicial District Court, Parish Of Jefferson. Sill
DELL. j. Judgment amended, by striking there
from Sl3o allowed below to plaintiff, for the pro-
fessonai services of her COUNSEL in other respects
the Judgment was affirmed the costs of the appeal
to be paid by the succession.
JOSIAH STANBRouGH u.s. DoUGALL McC.11.
X c; STOCKTON, APPELLEE. >. Appeal from the
On a re-heuring. SLIDELL, ], Underwent ae. |