153 So. 689 | La. | 1934
Charles C. Ferrara and Marie Ferrara, his wife, jointly own a single cottage designated as No. 320 Sixth street, in the city of Gretna. This property was damaged by fire to the extent of $917.70, and the loss was covered by an insurance policy of the Buffalo Insurance Company, of Buffalo, N.Y., issued in the name of Charles C. Ferrara.
The plaintiff, William J. Kleinpeter, under a judgment against Mr. and Mrs. Charles C. Ferrara, seized the interest of Charles C. Ferrara in the claim against the insurance company for the damage caused by the fire.
The Third District Building Association, as the owner of a note signed by Mr. and Mrs. Charles C. Ferrara, secured by mortgage and vendors' lien on the damaged property, intervened, and opposed the seizure, claiming a preferential right to the proceeds of the insurance policy. There was no loss payable clause attached to the policy, and intervener and opponent predicated its claim to be paid in preference to the seizing creditor upon Act No.
William J. Kleinpeter, who was made a respondent in the intervention and third opposition of the building association, filed an exception of no right or cause of action and also an answer. The principal defense set up in the answer was that Act No.
The court below overruled the exception, but on the merits dismissed the intervention and opposition of the building association, holding that Act No.
Section 16 of article 3 of the Constitution of the state provides that every law enacted by the Legislature shall embrace but one object, and shall have a title indicative of such object. The title of Act No.
The title of a statute defines its scope, and any of its provisions beyond the restrictions of the title are invalid. State v. Banks,
It is argued on behalf of the intervener and opponent that, in consonance with the spirit and purpose of the statute, the words "perishable property" contained in the title should be given a broad rather than a restrictive meaning and should be construed to apply to all property consumable by fire.
But it is a familiar rule of statutory construction that the words of a legislative act cannot be extended beyond their proper and natural meaning in order to meet particular cases.
All perishable property is personal property, but all personal property is not perishable property. Nevertheless, in its enlarged sense the term "perishable property" means personal property as distinguished from real property.
"Perishable goods" are those goods which are lessened in value and become worse by being kept. Bouvier's Law Dict.; Rawle's Revision, vol. 2, p. 655.
We think the term "perishable property" is used in its enlarged sense in the title of Act No.
For the reasons assigned, the judgment appealed from is affirmed.
*197ST. PAUL, J., absent.