Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 69

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 69

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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. 1867 edition. Excerpt: ...for plaintzjfs.--Judgment was rendered in favor of plaintiffs, and the defendant, Moulton, has appealed. The defence is so clearly untenable, that the appeal must be considered as taken for delay. I. The petition of the syndie, Harvey, on filing his final tableau, on the 21st of March, 1863, " prays that public notice be given to all parties interested, and the same (the final tableau) be homologated and the funds distributed according to law." Now, is it not a bar to the defence set up in this present suit, after having filed his final tableau, and prayed that the funds set forth therein be distributed in accordance therewith, can be permitted to say that he had no funds to distribute? clearly not, inasmuch as there is no principle of law better established than this one: that no one can be permitted to contradict what he has alleged in a judicial proceeding. Denton v. E-win, 5 Au. p. 18; 4 An. 416; 2 An. 269; 1 G-reenleaf on Evidence, Nos. 23, 24, 204; 1 Hen. pp. 518, 519, and S. The duties and responsibilities of syndics are well known. They must deposit in bank the money received, and distribute it as soon as possible, under heavy penalties. Rev. Statutes, pp. 2, 3. " Syndics are required by law to deposit funds received by them in some solvent bank, and to file a tableau and distribute the money as soon as practicable; and where they wilfully delay to do so, and the funds depreciate or are lest by their neglect, or by any want of prudent foresight, they will be responsible for the loss sustained thereby." DeGruy v. Creditors, 9 Rob. 458 and 463. Insnur, J. The Iplaintiifs, E. Rocliereau, and William T. Hepps, sue James Harvey, syndie of the insolvent Samuel Sides and Alfred Moulton, the surety on his bond, to...show more

Product details

  • Paperback | 372 pages
  • 189 x 246 x 20mm | 662g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236845986
  • 9781236845986