vendor claim (Louisiana) · Go Syfert
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vendor claim in Louisiana

11 Louisiana opinions name it 3 courts 1878–2002 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Justice v. Caballerogreen
lactapp · 1981 · cited in 1 Louisiana opinions naming this issue, 1993–1993
1 sentence

1993In Justice v. Caballero, 393 So.2d 866 at 868 (La.App., 4th Cir., 1981) the court discussed the vendor’s privilege: Under our law, the sale of a movable on credit entitles the vendor to a privilege on the thing sold to the extent of the unpaid purchase price so long as the movable remains in the vendee’s possession.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Mut v. Mut neutral
lactapp · 1969
2 sentences

2002Chenevert v. Lemoine, et al., 27 So. 56 (1900) and Mut v. Mut 222 So.2d 100 (La.App. 1st Cir. 1969).

1999Chenevert v. Lemoine, et al., 27 So. 56 (1900) and Mut v. Mut 222 So.2d 100 (La.App. 1st Cir. 1969).

21999–2002
Pierson v. Carmouche neutral
la · 1920
2 sentences

1926Carmouche, Max Barnett, etc., Opponent, 146 La. 798 , 84 South. 59 , the court held: “A purchaser on credit of movable property may Validly give .it in pledge to a third person who knows that he has hot paid the price, but is otherwise in good faith, so as to vest in the pledgee a right superior to that of the vendor whose privilege thereupon ceases by reason of the property having passed out of the possession of the vendee.” In Boylans, etc., vs.

1926Carmouche, Max Barnett, etc., Opponent, 146 La. 798 , 84 South. 59 , the court held: “A purchaser on credit of movable property may Validly give .it in pledge to a third person who knows that he has hot paid the price, but is otherwise in good faith, so as to vest in the pledgee a right superior to that of the vendor whose privilege thereupon ceases by reason of the property having passed out of the possession of the vendee.” In Boylans, etc., vs.

21925–1926
Veillon v. Columbia Gulf Transmission Co. neutral
la · 1967
2 sentences

1981The owner at the time had a claim personally for the amount. " The purchaser by the act of purchase does not become invested with a right to the value of the property taken unless the right is transferred with the property. " (Emphasis added.) In Veillon v. Columbia Gulf Transmission Company, 192 So.2d 646 (La.App.3rd Cir. 1966), writ den., 195 So.2d 143 , 250 La. 256 (1967), the court was faced with the issue of whether compensation is a personal right or whether it attaches to the land and passes to subsequent purchasers.

1981The owner at the time had a claim personally for the amount. " The purchaser by the act of purchase does not become invested with a right to the value of the property taken unless the right is transferred with the property. " (Emphasis added.) In Veillon v. Columbia Gulf Transmission Company, 192 So.2d 646 (La.App.3rd Cir. 1966), writ den., 195 So.2d 143 , 250 La. 256 (1967), the court was faced with the issue of whether compensation is a personal right or whether it attaches to the land and passes to subsequent purchasers.

11981–1981
Veillon v. Columbia Gulf Transmission Company green
lactapp · 1966
1 sentence

1981The owner at the time had a claim personally for the amount. " The purchaser by the act of purchase does not become invested with a right to the value of the property taken unless the right is transferred with the property. " (Emphasis added.) In Veillon v. Columbia Gulf Transmission Company, 192 So.2d 646 (La.App.3rd Cir. 1966), writ den., 195 So.2d 143 , 250 La. 256 (1967), the court was faced with the issue of whether compensation is a personal right or whether it attaches to the land and passes to subsequent purchasers.

11981–1981
Daigle v. Calcasieu Nat. Bank in Lake Charles green
la · 1942
2 sentences

1963Daigle v. Calcasieu National Bank of Lake Charles, 200 La. 1006 , 9 So.2d 394 and Baldwin et al. v. Arkansas-Louisiana Pipe Line Co., 185 La. 1051 , 171 So. 442 , did deal with omnibus clauses and held that, quoting from the Baldwin opinion 171 So. at page 446 ; “A deed which fails to describe by legal subdivisions the real estate intended to be sold and makes no reference to any deed, map, plat, latent, survey, or boundary by which the description may be ascertained is void as. to third parties for want of description of the thing sold.

1963Daigle v. Calcasieu National Bank of Lake Charles, 200 La. 1006 , 9 So.2d 394 and Baldwin et al. v. Arkansas-Louisiana Pipe Line Co., 185 La. 1051 , 171 So. 442 , did deal with omnibus clauses and held that, quoting from the Baldwin opinion 171 So. at page 446 ; “A deed which fails to describe by legal subdivisions the real estate intended to be sold and makes no reference to any deed, map, plat, latent, survey, or boundary by which the description may be ascertained is void as. to third parties for want of description of the thing sold.

11963–1963
Baldwin v. Arkansas-Louisiana Pipe Line Co. green
la · 1936
2 sentences

1963Daigle v. Calcasieu National Bank of Lake Charles, 200 La. 1006 , 9 So.2d 394 and Baldwin et al. v. Arkansas-Louisiana Pipe Line Co., 185 La. 1051 , 171 So. 442 , did deal with omnibus clauses and held that, quoting from the Baldwin opinion 171 So. at page 446 ; “A deed which fails to describe by legal subdivisions the real estate intended to be sold and makes no reference to any deed, map, plat, latent, survey, or boundary by which the description may be ascertained is void as. to third parties for want of description of the thing sold.

1963Daigle v. Calcasieu National Bank of Lake Charles, 200 La. 1006 , 9 So.2d 394 and Baldwin et al. v. Arkansas-Louisiana Pipe Line Co., 185 La. 1051 , 171 So. 442 , did deal with omnibus clauses and held that, quoting from the Baldwin opinion 171 So. at page 446 ; “A deed which fails to describe by legal subdivisions the real estate intended to be sold and makes no reference to any deed, map, plat, latent, survey, or boundary by which the description may be ascertained is void as. to third parties for want of description of the thing sold.

11963–1963
Barkdull v. Herwig neutral
la · 1878
1 sentence

1939It was said in Salzman v. His Creditors, 2 Rob. 241, 244 , “It would be contrary to good faith, that the vendor of a claim, after receiving the price of it from the assignee, should, by his own act, prevent the latter from recovering the sum he has paid.” Ventress v. His Creditors, 20 La.Ann. 359 ; Barkdull v. Herwig, 30 La.Ann. 618 ; Reine v. Jack, 31 La.Ann. 859 ; Abney v. Walmsley, 33 La.Ann. 589 ; Citizens’ Bank v. Maureau, 37 La.Ann. 857 ; State Nat.

11939–1939
Abney & Co. v. Walmsley neutral
· 1881
1 sentence

1939It was said in Salzman v. His Creditors, 2 Rob. 241, 244 , “It would be contrary to good faith, that the vendor of a claim, after receiving the price of it from the assignee, should, by his own act, prevent the latter from recovering the sum he has paid.” Ventress v. His Creditors, 20 La.Ann. 359 ; Barkdull v. Herwig, 30 La.Ann. 618 ; Reine v. Jack, 31 La.Ann. 859 ; Abney v. Walmsley, 33 La.Ann. 589 ; Citizens’ Bank v. Maureau, 37 La.Ann. 857 ; State Nat.

11939–1939
Citizens' Bank v. Maureau green
la · 1885
1 sentence

1939It was said in Salzman v. His Creditors, 2 Rob. 241, 244 , “It would be contrary to good faith, that the vendor of a claim, after receiving the price of it from the assignee, should, by his own act, prevent the latter from recovering the sum he has paid.” Ventress v. His Creditors, 20 La.Ann. 359 ; Barkdull v. Herwig, 30 La.Ann. 618 ; Reine v. Jack, 31 La.Ann. 859 ; Abney v. Walmsley, 33 La.Ann. 589 ; Citizens’ Bank v. Maureau, 37 La.Ann. 857 ; State Nat.

11939–1939
State National Bank v. Bryant & Mathers neutral
la · 1897
2 sentences

1939Bank v. Bryant, 49 La.Ann. 467 , 22 So. 89 .

1939Bank v. Bryant, 49 La.Ann. 467 , 22 So. 89 .

11939–1939
Salzman v. His Creditors green
la · 1842
1 sentence

1939It was said in Salzman v. His Creditors, 2 Rob. 241, 244 , “It would be contrary to good faith, that the vendor of a claim, after receiving the price of it from the assignee, should, by his own act, prevent the latter from recovering the sum he has paid.” Ventress v. His Creditors, 20 La.Ann. 359 ; Barkdull v. Herwig, 30 La.Ann. 618 ; Reine v. Jack, 31 La.Ann. 859 ; Abney v. Walmsley, 33 La.Ann. 589 ; Citizens’ Bank v. Maureau, 37 La.Ann. 857 ; State Nat.

11939–1939
Porter v. Town of v. Lle Platte green
la · 1925
2 sentences

1936In Porter v. Town of Ville Platte, 158 La. 342, 343 , 104 So. 67, 69 , the plaintiff was employed by the town to furnish labor and material for the construction of a system of waterworks.

1936In Porter v. Town of Ville Platte, 158 La. 342, 343 , 104 So. 67, 69 , the plaintiff was employed by the town to furnish labor and material for the construction of a system of waterworks.

11936–1936
Boylan's Detective Agency & Protection Police v. Arthur A. Brown & Co. green
la · 1924
2 sentences

1926Brown, etc., 157 La. 325 , 102 South. 417, p. 332 , the court says: “No consideration of equity can enter into the determination of the right of privilege.

1926Brown, etc., 157 La. 325 , 102 South. 417, p. 332 , the court says: “No consideration of equity can enter into the determination of the right of privilege.

11926–1926
Bray's v. Bray neutral
la · 1840
1 sentence

1905Bray 16 La. 352 -358.

11905–1905
First Municipality of New Orleans v. McDonough neutral
la · 1842
1 sentence

1878His Creditors, in 2 Rob. 244 : “it would be contrary to good faith, that the vendor of a claim, after receiving the price of it from the assignee, should by his own act prevent the latter from receiving the sum he has paid.” See .also Troplong, Hypotheques, volume 1, number 367.

11878–1878

Where else courts name it

LA 11 (1878–2002) NY 5 (1849–2025) CA 5 (1931–2003) IN 4 (1868–1939) IL 4 (1915–1977) OR 4 (1899–1960) CO 3 (1881–1882) OH 2 (1886–1933) NJ 2 (1883–1966) PR 2 (1933–1953) TX 2 (1846–1923) WA 2 (1902–1950) MI 2 (1879–1906) ND 2 (1944–1955)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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