Hill, McLean & Co. v. Simpson

Citations

• 8 La. Ann. 45

Syllabus

<p>Plaintiff sold to Simpson cotton for cash, on delivery. It was delivered on the 4th of June, and the plaintiffs, by their delivery of the cotton, gave the purchaser the ownership of it, and he appeared as such, and got credit on his purchase accordingly in the market, without any notice, or interference on the part of plaintiffs on account of their unpaid balance, until the 9 th following. The plaintiffs had no privilege on that day which could conflict with the rights of intervenors. By their incautious delivery the plaintiffs en’abled Simpson to do that for which cotton is bought in this market—to get credit and speculate upon it.</p> <p>■Whenever the owner has parted with his control over the goods, and cannot change their destination, his creditors cannot attach; but, whenever the owner can sell and deliver, the creditor may seize.</p>