State Bank v. Martin

Citations

• 52 La. Ann. 1628

Syllabus

<p>Syllabus.</p> <p>1. Where the disposition or proposed disposition of produce from farm or factory is in the usual course of business — i. e., to commission merchants from whom advances had been procured and a pledge antecedently given, no grounds for attachment appear.</p> <p>2. An attachment based upon the averment of a fraudulent disposition, or proposed disposition of property or unfair preference, must be supported by proof of some act or declaration of purpose from which the fraudulent intent of the debtor may reasonably be gathered.</p> <p>3. If the credit and good fame of the debtor have been lessened and the same is attributable rather to his own conduct than to the act of his creditor in attaching his property, small grounds for damages exist.</p> <p>4. Under the circumstances of this ease, while the attachment is dissolved, damages, except for attorney's fees and actual expenses, are disallowed.</p>