Wood v. Foster
Supreme Court of Louisiana
APPEAL FROM THE COURT OE THE FIRST DISTRICT. This suit was brought to recover the value of a quantity of pickled pork. The petition was filed on the 29th December, 1829, and set forth, that in the year 1826, the firm of Foster & Hutton, of which the defendant was surviving partner,illegally obtained possession of a quantity of pork without the consent or knowledge of the plaintiffs, who were the owners thereof.
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APPEAL FROM THE COURT OE THE FIRST DISTRICT. This suit was brought to recover the value of a quantity of pickled pork. The petition was filed on the 29th December, 1829, and set forth, that in the year 1826, the firm of Foster & Hutton, of which the defendant was surviving partner,illegally obtained possession of a quantity of pork without the consent or knowledge of the plaintiffs, who were the owners thereof. To this action the defendant put in the plea of pre~scription, which being overruled, he pleaded the general issue. The plaintiffs subsequently amended their petition by setting forth…
1Opinion of the CourtMathews, J.
In this case the plaintiffs claim from the defendant as surviving partner of Foster & Hutton, the value of a certain quantity of pickled pork, of which they allege possession was illegally obtained by said Foster & Hutton in the year 1826, without their knowledge or consent, although they were then owners of said pork. To the petition having these allegations, the defendant pleaded the peremptory exception of prescription, which was overruled by the court below, and an answer filed containing the general issue. The plaintiffs afterwards, by leave of the court, amended their petition by…
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