52562 Precedential Processed

New Orleans Silversmiths, Inc. v. Toups

Louisiana Supreme Court · Filed June 22, 1972 · 263 So. 2d 47

Also decided on this docket: La., June 22, 1972 263 So. 2d 47

Cited by

Sciortino v. Bank of Louisiana 705 So. 2d 813 La. Ct. App. 4th Cir. 1998
Jefferson Guaranty Bank v. Lagos 646 So. 2d 1078 La. Ct. App. 1st Cir. 1994
PREMIER BANK, NAT. ASS'N v. Prevost Motors, Inc. 597 So. 2d 1136 La. Ct. App. 1st Cir. 1992
Schudmak v. Prince Phillip Partnership 573 So. 2d 547 La. Ct. App. 5th Cir. 1991
Citizens Nat. Bank v. Coates 563 So. 2d 1265 La. Ct. App. 1st Cir. 1990
G.R.W. Engineers, Inc. v. Elam 557 So. 2d 725 La. Ct. App. 2d Cir. 1990
Schoop v. New Orleans Alcoholic Beverage Control Board 519 So. 2d 831 La. Ct. App. 1st Cir. 1988
Lozes v. Waterson 503 So. 2d 155 La. Ct. App. 1st Cir. 1987
Texas Bank of Beaumont v. Bozorg 457 So. 2d 667 La. 1984
Texas Bank of Beaumont v. Bozorg 444 So. 2d 698 La. Ct. App. 5th Cir. 1984
New Orleans Federal Savings & Loan Ass'n v. Lee 449 So. 2d 1099 La. Ct. App. 1st Cir. 1984
NEW ORLEANS FED. SAV. & L. ASS'N v. Lee 449 So. 2d 1099 La. Ct. App. 5th Cir. 1984

Opinion text

TATE, J., concurs. Technically, as the court of appeal dissent correctly points out, Civil Code Article 3158 and its 1952 amendment only affect a pledge and do not regulate the extent of a mortgage and the necessity for a principal debt secured thereby, insofar as third persons are concerned. Nevertheless, taking into consideration the jurisprudential development of the “collateral mortgage” security device, based upon the pledge of the collateral mortgage note, I think the court of appeal majority ascribed an appropriate legislative intent t® the 1952 amendment of Article 3158.