C. H. Minge & Co. v. Barbre

Citations

• 51 La. Ann. 1285
• 26 So. 180
• 1899 La. LEXIS 560

Syllabus

<p>Syllabus.</p> <p>1. Under the laws of this State, the property of the debtor is the common pledge of his.creditors, and no combination between such debtor and a particular creditor, whereby the latter is given an unfair preference over other creditors. whether to be made effective through the machinery of the courts, or otherwise, will be tolerated.</p> <p>2. The privilege of the furnisher of money and supplies is to be restricted within the limits of the law and of the contract made by him, and where by the terms of the contract, it appears that a certain amount is intended to be secured, the privilege will he considered exhausted when that amount has been realized by the creditor from products to which the privilege attached.</p> <p>3. When the furnisher of money or supplies is claiming a privilege, contradictorily with other seizing creditors, the burden of proof is on him to show that the products on which the privilege is claimed are those which the money or supplies furnished by him were used to produce.</p>