Joseph P. Bradley

Name: Saloy v. Bloch — Opinion of the Court
Author: Joseph P. Bradley

Summary

“Saloy v. Bloch — Opinion of the Court”, is a work by Joseph P. Bradley. It explores elements such as Saloy, Dragons and crop.

Quotes from Saloy v. Bloch — Opinion of the Court (Joseph P. Bradley)

Joseph P. Bradley, Saloy v. Bloch — Opinion of the Court

“ There is nothing, as it seems to us, in the agreement of Saloy, which engages him to any guaranty of the contract of the Dragons with Bloch; nothing to show that he committed himself in any degree to the fulfillment of said agreements on the part of the Dragons. It contains merely a waiver on his part of his priority in rank as lessor of the plantation. He simply consents and agrees that his claim shall be subordinate and inferior in rank to the claims and privileges of Bloch, and that Bloch shall be reimbursed for his advances without regard to any preference to the demands of said Saloy. ”

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Source: Wikisource

Joseph P. Bradley, Saloy v. Bloch — Opinion of the Court

“ But his claim against Saloy is an equitable one, and in the United States court can only be pursued on the equity side on a bill for an account, in which all equitable deductions would be allowed for the claims of laborers and other preferred creditors; and in such suit an inquiry would be had as to the amount of Bloch's claim against the Dragons, and they would be necessary parties. The debt for which the plaintiff sues Saloy is their debt, and yet they are not cited, and no judgment has been obtained against them. It seems to us altogether an irregular proceeding. ”

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Source: Wikisource

Joseph P. Bradley, Saloy v. Bloch — Opinion of the Court

“ A radical exception taken by the defendant at the beginning and always insisted upon, is that the action is not maintainable, and that, if the defendant is liable at all to the plaintiff, he cannot be made to respond in this form of proceeding, in which the Dragons are not parties, and no judgment is shown to have been recovered against them. ”

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Source: Wikisource

Joseph P. Bradley, Saloy v. Bloch — Opinion of the Court

“ From these laws it will be seen that the privilege or pledge of the landlord for his rent is superior to the privilege given by the Civil Code to the factor who advances money or necessary supplies to the planter; and, by the proviso of the act of 1874, it is still made superior to the pledge which that law authorizes the planter to make to the factor for his advances. It was in view of this superior right of the lessor that Saloy was asked to join in a contract between the Dragons, as planters of Monsecour, and Simon Bloch, who agreed to make advances for the cultivation thereof. ”

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Source: Wikisource

Joseph P. Bradley, Saloy v. Bloch — Opinion of the Court

“ To this petition the defendant, Saloy, filed exceptions: (1) No cause of action. (2) Plaintiff cannot maintain his action until he has first obtained judgment against the Dragons, who are necessary parties to the suit. (3) That the judgment rendered for Saloy against the Dragons cannot be questioned collaterally, but only by appeal or action of nullity to set aside the proceedings, over which this court has no jurisdiction. (4) The release bond given by defendant in said suit to the Dragons to get possession of the property cannot be litigated in this suit. ”

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Source: Wikisource

Joseph P. Bradley, Saloy v. Bloch — Opinion of the Court

“ The petition then stated that Saloy, in disregard of his contract, did, in December, 1883, proceed by action in the twenty-fourth district court in and for the parish of Plaquemines to a suit and seizure of the buildings, the growing crop, and the crop in process of manufacture, on said plantation, and placed the sheriff in possession of the same, to the damage of petitioner exceeding the sum due him ”

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Source: Wikisource

Joseph P. Bradley, Saloy v. Bloch — Opinion of the Court

“ Civil Code of Louisiana, by article 3217, declares as follows: 'The debts which are privileged on certain movables are the following: (1) The appointments or salaries of the overseer for the current year, on the crops of the year, and the proceeds thereof. ”

Joseph P. Bradley

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