Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 28

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 28

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1835 edition. Excerpt: ...to honest insolvents is asked for, no mention is made of his occupation. The judge, therefore, who made the order, cannot be supposed to have known that the petitioner was a merchant. He, however, certainly knew it himself, and did not do all that was required of him by law, as conditions precedent to obtaining the privileges allowable to men in his situation, and without which they ought not to be allowed. The original order itself, and all subsequent proceedings, might perhaps be considered as void, in consequence of this failure on the part of the debtor to disclose his situation as a merchant, and thus attempting to commit a fraud on the law, which may have been prejudicial to the rights and claims of his creditors. The decision on the opposition, made in behalf of the absent creditors, although it may not be considered as having annulled all the proceedings previously had in the concurso, does deprive the ceding debtor of an important privilege, granted to honest insolvents; and the question is, whether this decision ought to be affirmed under the circumstances of the case. According to the laws, as they existed formerly in this state, fraud was to be presumed in cases of insolvency. These laws were repealed by the act of 1828; but the repeal of them, as laws absolutely obligatory in the administration of justice, ought not to destroy the force of principles which were established by them, when these principles are found to comport with justice, and may be considered as having been induced from rational and well founded opinions of the probable conduct of men in civil society. It is to be presumed, that a person of ordinary discretion, who becomes indebted to others, acquires property equivalent to the debts created by its...show more

Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236939778
  • 9781236939777