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37 La. Ann. 620

Black v. McStea

Supreme Court of Louisiana

Decided May 15, 1885

Supreme Court of Louisiana · decided 1885-05-15

<p>Ia a suit by the syndic of an insolvent for the purpose of annulling a contract alleged to operate an unjust preference in favor of one creditor over the others, the value of the property pledged or transferred is the test of the jurisdiction of the appellate court.</p> <p>If tho amount of the security sought to he recovered by the syndic does not exceed $2000, the Supreme Court is without jurisdiction.</p>

Cited by 1 later decisions — most recently March 1929

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1885-05-15

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¶1The opinion of the Court was delivered by

Poché, J.

¶2The object of this suit is to cancel and avoid a contract of pledge through which, it is alleged, the insolvent firm of Edward Pillsbury’s Sons gave an unjust preference to the defendant, to whom they were indebted in the sum of $4269 86, over their other creditors.

¶3*621The property pledged consisted of certain stock of the alleged par value of $2000. Plaintiff appeals from an adverse judgment; defendant suggests our want of jurisdiction ratione materia.

¶4The legal effect of our judgment under the pleadings would be to maintain or to cancel the contract complained of, and could not therefore affect either party in a sum exceeding two thousand dollars, exclusive of interests and costs.

¶5Defendant’s claim against the insolvents could not be involved in its intrinsic merits in any judgment which could he rendered in this suit. His security alone, not exceeding two thousand dollars, could he wrested from him in the event of the reversal of the judgment appealed from.

¶6It follows, therefore, that the matter in dispute does not amount to the lower limit of our jurisdiction.

¶7The appeal herein taken is, therefore, dismissed at appellant’s costs.

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