Willey v. St. Charles Hotel Co.

Citations

• 52 La. Ann. 1581

Syllabus

<p>Syllabus.</p> <p>1. The evident object of Act No. ISO of 1894 is to provide further and additional safeguards to workmen and material men for the payment of their claims, over and above what is contained in the Civil Code.</p> <p>2. The owner of the building to be constructed or repaired must see to it that his contractor gives security for the payment of all workmen, mechanics and laborers and all those who furnish materials actually used in the building.</p> <p>3. This security in its amount must equal the full amount of the contract, and the neglect or failure on part of the owner to exact this bond subjects him to personal liability for all balances due to the workmen, laborers and furnishers of materials used.</p> <p>4. This liability is independent of any privilege which, under pre-existing laws, exists in favor of workmen, laborers and material-men.</p> <p>5. The terms of the act are broad and comprehensive and include as its beneficiaries all persons who furnish materials used in the building, even those who deal with remote sub-contractors, and whether the contracts or agreements for such materials are made in or out of the State.</p> <p>6. The doctrine of the marshaling of assets, resting as it does upon equity- and natural justice, is recognized here as it is in every enligntened system of jurisprudence.</p> <p>7. A creditor having two funds amenable to his debt is not permitted, by his election, to disappoint the party having only one fund. And having placed himself in personam before the court, is subject to its jurisdiction to be made to do equity.</p> <p>On Rehearing.</p> <p>1. The property was sold and delivered in another State. The contract is classed as foreign and retains all the rights covered by the contract at the time made, and as to remedy, all remedies here for its enforcement.</p> <p>2. As to “right” under the contract, State action will not add a right to it which it did not have before it was brought into this State.</p> <p>3. Privile