Haydel v. Girod - 35 U.S. 283 (1836)
U.S. Supreme Court
Haydel v. Girod, 35 U.S. 10 Pet. 283 283 (1836)
Haydel v. Girod
35 U.S. (10 Pet.) 283
By the Civil Code of Louisiana, a time or delay for the payment of debts, called a respite, is granted by the proper court on petition of a debtor who is unable to pay his debts, &c., but notice of the proceeding must be given to every creditor on whom notice could be served or he is not bound by the same.
The District Court of the United States, of Louisiana properly overruled a defense set up to an action on a promissory note against a debtor who had not given notice to his creditors of the proceedings for a respite. The creditor was in no sense a party to the proceedings, and his rights were in no sense affected by them.
The defendant in error instituted a suit in the district court on a promissory note, and the defendant having applied, after the suit was brought, to a court of Louisiana for the benefit of the insolvent law of that state, pleaded a respite obtained in those proceedings against his creditors.
In the proceedings of the court of Louisiana in the petition of the plaintiff in error, it nowhere appears that any notice of the same was given to Francois Girod; on this ground the district court decided against the plea, and gave judgment for the plaintiff in that court.
The defendant prosecuted this writ of error.