Lucius Quintus Cincinnatus Lamar

Name: Marchand v. Griffon — Opinion of the Court
Author: Lucius Quintus Cincinnatus Lamar

Marchand v. Griffon — Opinion of the Court

Summary

“Marchand v. Griffon — Opinion of the Court”, is a work by Lucius Quintus Cincinnatus Lamar. It explores elements such as mortgage, defendant and benefit.

Quotes from Marchand v. Griffon — Opinion of the Court (Lucius Quintus Cincinnatus Lamar)

Lucius Quintus Cincinnatus Lamar, Marchand v. Griffon — Opinion of the Court

“ Lafitte having been authorized by her husband and the judge of the district court to borrow money and give a mortgage as security for its payment, upon her separate property, cannot be allowed to prove that the money received on her note was not used for the benefit of her separate property. In other words, that contention is, that by her own acts in relation to the notes and mortgages she should, not having specifically pleaded fraud, be estopped from saying that she did not receive the money, and apply it to her own separate estate. ”

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Source: Wikisource

Lucius Quintus Cincinnatus Lamar, Marchand v. Griffon — Opinion of the Court

“ That where the wife represents to the judge in her application for leave to borrow money that she requires a certain sum, and in order to enable her to realize the same she gave a mortgage on her separate property, and he grants such authority, she is bound by the act of mortgage placed thereon and by the notes secured by such mortgage, after the same leave her possession or control, whether through her husband or otherwise, in the absence of any or all allegations that said notes were obtained by fraud or ill practices on the part of the husband or subsequent holder through him. ”

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Source: Wikisource

Lucius Quintus Cincinnatus Lamar, Marchand v. Griffon — Opinion of the Court

“ In June, 1873, nearly five years after the note in suit became due, Charles Lafitte, the husband of the defendant, obtained a loan of $5,000 on his own individual note from the Merchants' Mutual Insurance Company, a Louisiana corporation, of which he was then a director, and as collateral security therefor pledged this note of his wife, at the same time representing to the company that the interest thereon had been paid to the 4th of January, 1874, although the note itself bore no indorsements of interest paid. ”

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Source: Wikisource

Lucius Quintus Cincinnatus Lamar, Marchand v. Griffon — Opinion of the Court

“ A married woman over the age of twentyone years may, by and with the authorization of her husband, and with the sanctio of the judge, borrow money or contract debts for her separate benefit and advantage, and to secure the same grant mortgages or other securities affecting her separate estate, paraphernal or dotal. ”

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Source: Wikisource

Lucius Quintus Cincinnatus Lamar, Marchand v. Griffon — Opinion of the Court

“ That the act of the wife in endeavoring to obtain money for herself, her husband, or her family by a mortgage of her paraphernal property by and under due and proper authority of the laws of the state of Louisiana, with the consent of her husband, is binding upon her. ”

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Source: Wikisource

Lucius Quintus Cincinnatus Lamar, Marchand v. Griffon — Opinion of the Court

“ On the 9th of October, 1886, the insurance company sold the notes in suit to the plaintiff, who knew all the facts above stated with reference to the history of them. The defendant, to maintain the issue on her part, testified in her own behalf that she never issued the note in question to any other person than her husband; that she never received any benefit from the same, either to herself or to her estate ”

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Source: Wikisource

Lucius Quintus Cincinnatus Lamar, Marchand v. Griffon — Opinion of the Court

“ This was an action at law, brought in the circuit court of the United States for the district of Louisiana, by Alfred Marchand, a citizen of the republic of France, against Josephine Adele Livaudais, wife of Charles Lafitte, to recover the sum of $5,000, with interest, costs, and damages, which alleged indebtedness was represented by two promissory notes executed by the defendant and held by the plaintiff. ”

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Source: Wikisource

Lucius Quintus Cincinnatus Lamar, Marchand v. Griffon — Opinion of the Court

“ It is immaterial if the specific word 'fraud' was not used in the answer, if the facts set forth therein constitute what is denominated fraud in law. Under the law of Louisiana a married woman cannot bind herself for her husband for his debts. ”

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Source: Wikisource

Lucius Quintus Cincinnatus Lamar, Marchand v. Griffon — Opinion of the Court

“ Blanc, 34 La. Ann. 632, 635; and it is not open to question. Such being the law of the case, it was not error on the part of the court to give the instruction set forth in the second bill of exceptions. ”

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Source: Wikisource

Lucius Quintus Cincinnatus Lamar, Marchand v. Griffon — Opinion of the Court

“ The only modification ever made of this section was by an act of the Louisiana legislature passed in 1855, which is now embodied in articles 126-128 of the Civil Code of 1870. They are as follows: 'Art. ”

Lucius Quintus Cincinnatus Lamar

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