Belcher & Creswell v. Johnson
Citations
- 114 La. 640
- 38 So. 481
- 1905 La. LEXIS 519
Syllabus
<p>LESION BEYOND MOIETY — BIGHTS OE CREDITOR.</p> <p>1. All parties in interest are parties to the suit.</p> <p>2. The action is founded on facts from which “error” or “imposition” is impliable. Civ. Code, art. 1860.</p> <p>3. It is not the revocatory action growing out of the acts of fraud on rights of creditors.</p> <p>4. It is a right of property. In order to maintain the action, it is not necessary to allege fraud.</p> <p>5. The creditor can exercise all i'jgiits save those not merely personal, and whore the creditor refuses to sue to set aside the lesion in a sale the action may be brought and sustained by a creditor.</p> <p>6. All creditors have the same right, irrespective of dates of their respective claims.</p> <p>Nicholls, J., dissenting.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- dismissing claim under the fraudulent prong of the UCL where plaintiff alleged a competitor's misrepresentations deceived consumers
- dismissing UCL claim brought by competitor 23 based on alleged fraudulent statements relied on by customers, not the competitor
- disagreeing with other district courts holding that “as a result 21 of” imposes an actual reliance requirement on all three prongs of the UCL
- “Although the Ninth Circuit has not definitively spoken as to whether Rule 7 9(b
- “But the better reasoned authority is that, where a Lanham Act claim is predicated on the theory that the defendant engaged in a knowing and intentional misrepresentation, then Rule 9(b) is applicable.” (citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Breaux, Nicholls
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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