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PEAKE V. NEW ORLEANS, 139 U. S. 342 (1891)

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U.S. Supreme Court

Peake v. New Orleans, 139 U.S. 342 (1891)

Peake v. New Orleans

No. 852

Argued October 27-29, 1890

Decided March 9, 1891

139 U.S. 342

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF LOUISIANA

Syllabus

The judgment at law on which the bill in this case is based absolved the defendant from any primary obligation of debtor to creditor, and left it chargeable only as trustee of a fund out of which plaintiff's claim was to be paid, and it was unquestionably correct.

To the extent that the City of New Orleans may be considered as such a trustee, it is a compulsory trustee by force of the legislation of 1871, and not a voluntary and contractual trustee, and its responsibility should be restricted to the narrowest limits.


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