Bank of Patterson v. Urban Co.

Citations

• 114 La. 788
• 38 So. 561
• 1905 La. LEXIS 542

Syllabus

<p>ATTACHMENT — GROUNDS—UNFAIR PREFERENCE.</p> <p>An intent to give “an unfair preference” to one or more creditors is one of the statutory grounds for an attachment. Code Prac. art. 240, subd. 4. Such a preference is a “constructive fraud,” and is prohibited, whether operated through the machinery of the courts or otherwise. There is an “unfair preference” where the creditor knew or had good reasons to know that the debtor was insolvent and the transaction gives the creditor any advantage over other creditors.</p> <p>(Syllabus by the Court.)</p>