Legal Opinion

Amory v. Black

Supreme Court of Louisiana

Decided April 15, 1839PublishedCited by 3 opinions

APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This is an action to recover from the defendant one thousand three hundred and eighty-two dollars and fifty cents, being the one-half of the net profits of a cargo of flour, sold on the joint account of plaintiffs and defendant, in pursuance of a written contract between them.

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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This is an action to recover from the defendant one thousand three hundred and eighty-two dollars and fifty cents, being the one-half of the net profits of a cargo of flour, sold on the joint account of plaintiffs and defendant, in pursuance of a written contract between them. The contract is annexed, as follows: “Whereas F. and G. W. Amory, have made a sale and delivered to me seven hun-area barrels of flour at four dollars and fifty cents3 payable on condition that the said flour should be sold by me on joint…

1Opinion of the CourtRost, J.

This action is instituted upon a contract, by which the plaintiffs sold to the defendant seven hundred barrels of flour, at four dollars and fifty cents per barrel, on condition that the flour should be taken to New-Orleans by the defendant, and sold by him on joint account; the plaintiffs to receive one half of the profits and to bear one half of the losses. The signature of the defendant to the agreement is admitted, and it is proved that the flour was delivered to him; that he took it to New-Orleans, and that it was sold at a profit of two thousand six hundred and forty dollars, one half…

2Cited by3 opinions

  1. Allen, West & Bush v. WhetstoneSupreme Court of Louisiana · 1883
  2. Advertiser, Division of Independent Inc. v. TubbsLouisiana Court of Appeal · 1968
  3. Shear v. KarnoLouisiana Court of Appeal · 1963

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