Interstate Trust & Banking Co. v. United States Fidelity & Guaranty Co.

Citations

• 124 La. 644
• 50 So. 612
• 1909 La. LEXIS 517

Syllabus

<p>1. Insolvency (§ 73*) — Jurisdiction—Action on Bond Given by Insolvent.</p> <p>The district court for the parish of Orleans-is without jurisdiction, ratione materias, in this suit.</p> <p>2. Vernon Parish District Court.</p> <p>By effect of the agreement among creditors,, the district court for the parish of Vernon has-jurisdiction.</p> <p>3. Insolvency (§ 142*) — Bond of Insolvent —Claims of Creditors to be Prorated.</p> <p>The bond sued on was made in favor of the-district court for the parish of Vernon for the benefit of all the creditors.</p> <p>The condition of the bond is that the principal and surety shall pay and discharge all creditors.</p> <p>The bond is not sufficient in amount to pay all creditors. A pro rata distribution will have to-be made by the court having jurisdiction.</p> <p>(Syllabus by the Court.)</p>