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8 La. Ann. 10

Smith v. Blois

Supreme Court of Louisiana

Decided January 15, 1853

Supreme Court of Louisiana · decided 1853-01-15

<p>Appeal from the Fifth District Court of New Orleans, Buchanan, 3.</p>

Relies on American Flask & Cap Co v. Son

Decided 1853-01-15

Slidell, J.

¶1The object of this action is to rescind a transfer of certain merchandize made by Blois, the plaintiff’s tenant, to the vendor of the goods. At the time when this transfer was made, Blois seems to have been in embarassed circumstances. The goods were in the warehouse leased by the plaintiff to Blois; they were delivered from the warehouse to the vendor, who credited their value upon the debt due to him b j Blois for their price, and afterwards sold the goods to another person. All this took place before there was any default by the tenant to pay his rent, and before any action taken by the landlord. •

¶2Under the above circumstances we think the revocatory action was properly *11dismissed. The caso appears to us to bo covered by the decision in Walden v. Parish, 7 Rob. 245. See also Civil Code, 2675, 2679, 3280, 2539.

¶3Judgment affirmed; plaintiff to pay costs of appeal.

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