Foster v. Dupre
Supreme Court of Louisiana
Appeal from the court of the first district. The petition contained two counts: the first for money laid tut and expended by the plaintiffs for the use of the defendant, the other for money bad and received by the latter from the former~ Reference was had in the petition to an account annexed thereto, composed of several items, for lawyers, marshal, clerk and notary's fees, with the expenses of an. express to Washington, amounting together to $1599 75: to which was added the…
Read the full summary
Appeal from the court of the first district. The petition contained two counts: the first for money laid tut and expended by the plaintiffs for the use of the defendant, the other for money bad and received by the latter from the former~ Reference was had in the petition to an account annexed thereto, composed of several items, for lawyers, marshal, clerk and notary's fees, with the expenses of an. express to Washington, amounting together to $1599 75: to which was added the sum of $896, for eight years interest. The charges appeared to ha~e been incurred in defending the plaintiffs ship, in…
1Opinion of the CourtMartin, J.
There is not any stipulation for conventional interest: the sum claimed is an unliquidated one. We are at a loss to see on what ground any interest was allowed for any Period antecedent to the suit: no other demand of the money claimed appearing to have been made. For this reason, the judgment must be, and is annulled, avoided and reversed.
*12 Proceeding to inquire what judgment the district court ought to have given, we find the action brougHt on an illegal contract, and we seeK in vain for any agreement, to which the defendant gave any express or implied assent.
The facts are, that the…
2Cited by3 opinions
- Le Breton v. MorganSupreme Court of Louisiana · 1826
- Same CaseSupreme Court of Louisiana · 1843
- Abat v. DoliolleSupreme Court of Louisiana · 1816