Thompson v. Southern Sawmill Co.
Citations
- 123 La. 127
- 48 So. 769
- 1909 La. LEXIS 685
Syllabus
<p>Fraudulent Conveyances (§ 27*) — 'Transfers as Security — Pignorative Contract —Pledge.</p> <p>In the absence of fraud in fact or in law, a pignorative contract in the form of a sale made in the usual course of business to secure advances, and perfected by a delivery of the property, will be recognized and enforced as a pledge against the creditors of the owner, and against a receiver appointed to administer his insolvent estate.</p> <p>[Ed. Note. — For other cases, see Fraudulent Conveyances, Cent. Dig. § 66; Dee. Dig. § 27.*]</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “an asserted implied term cannot be used to contradict the express terms of a contract”
- distinguishing Bradley Woodcraft and finding the “fraud claim [in Bradley Woodcraft] was independent of breach of contract, by virtue of fraudulent misrepresentation preceding contract formation and identified lack of present intent to perform terms thereof”
Source: CourtListener parenthetical corpus (CC0).
Judges: Having, Land, Provosty, Takes
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