Legal Opinion

Flower & King v. O'Bannon

Supreme Court of Louisiana

Decided October 15, 1891No. 313PublishedCited by 9 opinions

APPEAL from the Third District Court, Parish of Claiborne. BarksdaleJ. I. — PRESCRIPTION. ■“ A written acknowledgment is not necessary to constitute an account stated; an account rendered unless objected to within a reasonable time, is an account stated, compte cerréis, from its presumed approval.” 28 An. 605; 26 An. 208; 27 An 133; 20 An. 119; 19 An. 185; and authorities cited on page 208 of 26th An. II. — Interest and Commissions.

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APPEAL from the Third District Court, Parish of Claiborne. BarksdaleJ. I. — PRESCRIPTION. ■“ A written acknowledgment is not necessary to constitute an account stated; an account rendered unless objected to within a reasonable time, is an account stated, compte cerréis, from its presumed approval.” 28 An. 605; 26 An. 208; 27 An 133; 20 An. 119; 19 An. 185; and authorities cited on page 208 of 26th An. II. — Interest and Commissions. “ Where mercantile accounts have been closed by rendition and acceptance without objection, the debtor can not thereafter object to charges of 8 percent, interest…

1Opinion of the Court

The opinion of the court was delivered by

Fenner, J.

The motion to dismiss has no merit and is overruled. Plaintiffs sue defendant for a balance of account and for the recog-, nition and enforcement of a mortgage which they claim to hold to secure the same. The questions involved logically divide themselves into two branches:

1. The amount of defendant’s indebtedness to plaintiffs.

2. The extent to which that indebtedness is secured by the mortgage.

I

We think there can be no doubt that plaintiffs are entitled to recover a personal judgment against defendant for the full amount claimed. The…

2Cited by9 opinions

  1. Succession of DrakeLouisiana Court of Appeal · 1978
  2. Madison Lumber Co. v. HelmSupreme Court of Louisiana · 1943
  3. Milliken v. BarrowU.S. Circuit Court for the District of Eastern Louisiana · 1895
  4. Davis v. . MontgomerySupreme Court of North Carolina · 1937
  5. Lewis v. JohnsonLouisiana Court of Appeal · 1964

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