Southern Mutual Ins. v. Pike
Supreme Court of Louisiana
A PPEAL from the Fifth Rouge. McVea, J. Judicial District Court, parish of East Baton- First — The entries made on the books of the corporation, by the deceased' himself, and either as president or as treasurer, or by any one under his direction, constitute, as against his succession and legal representatives, a standing acknowledgment of Ms liabilities in his two recited capacities, and hence, prescription cannot be pleaded. 30 A. 1077. Second — -When in order to plead…
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A PPEAL from the Fifth Rouge. McVea, J. Judicial District Court, parish of East Baton- First — The entries made on the books of the corporation, by the deceased' himself, and either as president or as treasurer, or by any one under his direction, constitute, as against his succession and legal representatives, a standing acknowledgment of Ms liabilities in his two recited capacities, and hence, prescription cannot be pleaded. 30 A. 1077. Second — -When in order to plead prescription the defendant in his plea, sets forth the facts that terminated the fiduciary capacity, and pleads prescription…
1Opinion of the Court
The opinion of the court was delivered by *490judgment against the defendant for one tenth (his virile portion) of whatever may be shewn to be due the plaintiff in cash, and for the delivery of its books, notes, etc. The pleadings and facts are fully set forth in our opinion, rendered when the case was last before us. The plea of prescription was then overruled, and the cause was remanded with the, order that within sixty days, from notice of the judgment-the ■defendant shall render an account of the administration of his father as president and treasurer of the plaintiff company, from February…
2Cited by3 opinions
- Succession of PorcheSupreme Court of Louisiana · 1937
- Hennessey v. StempelSupreme Court of Louisiana · 1900
- Newlin v. New Orleans Public Service, Inc.Supreme Court of Louisiana · 1929