Richardson v. Turner

Citations

• 52 La. Ann. 1613

Syllabus

<p>Syllabus.</p> <p>1. It is essential a judgment rendered should be read in open court, and where it does not appear from its recitals, or from the court’s minutes, that it was or had been read, it will be set aside.</p> <p>2. A receiver of an insolvent national bank may apply to a court of record of . competent jurisdiction for an order to sell stocks and bonds in pledge in bis hands.</p> <p>3. Not necessary for him to obtain formal authorization of the United States Comptroller to make the application. Nor is it essential that he should, likewise, have the formal authority of the comptroller to sell.</p> <p>4. A suit by the pledgee to obtain an order to sell the stocks and bonds pledged is properly brought agamst the syndic of the insolvent pledgor.</p> <p>D. The fact that a creditor holds in pledge certain securities or property as guarantee of his claim does not render him ineligible to attend a creditors’ meeting, nor militate against his proving his claim and voting for a syndic. And by thus taking part in the creditors’ meeting, he Coes not forfeit his right of pledge, even though he make no statement or declaration concerning the security he holds, and stipulates for no special reservation of his rights touching same.</p> <p>6. The homologation of the proceedings of a creditors’ meeting to accept the cession and elect a syndic, is not to be given the force of an adjudication on all questions of privilege and pledge as between the crditor claiming it and other creditors.</p>