Southern Grocer Co. v. Adams

Citations

• 112 La. 60
• 36 So. 226
• 1904 La. LEXIS 370

Syllabus

<p>COTTON FACTORS — SUPPLIES—LIENS ON CROP— PRIORITIES — RIGHTS OF LANDLORD— SEQUESTRATION OF CROP.</p> <p>1. A wholesale grocer and cotton factor furnishing, supplies necessary to a plantation with the expectation that they will be paid for in cash or at short time, is nevertheless entitled to the privilege accorded by Civ. Code, art. 3217, upon the crop for the making of which the supplies are used.</p> <p>2. The privilege, though unrecorded, resulting from the furnishing of supplies necessary to a plantation for the making of a particular crop, is not superseded by, but takes precedence of, that acquired by one who subsequently, under a contract which he records, furnishes supplies necessary to the making of the same crop.</p> <p>3. By no agreement between the holders of privileges first and third in rank can the holder of a privilege second in rank be subordinated to both the others.</p> <p>4. When the lessor of a plantation waives his privilege for rent, up to a specified amount, in favor of any one who may furnish the supplies necessary to the making of the crop, the person who first furnishes such supplies is the first beneficiary of such waiver; and if another person thereafter furnishes supplies necessary to the same crop, and the aggregate value of the supplies furnished does not exceed the amount specified in the waiver, both furnishers take precedence of the lessor, in the order, however, in which the supplies are furnished.</p> <p>5. Where one who has furnished supplies necessary to the making of a particular crop receives from the planter a draft for the amount due him, drawn upon another person, who has subsequently agreed to advance money, within a specified limit, for the making of the same crop, and the draft is received with the understanding that it is to be paid when the second furnisher shall have received a sufficient proportion of the crop to cover his advances and to afford a balance available for such purpose, the holder of the draft is und