Millaudon v. Lesseps
Supreme Court of Louisiana
li. PPEAL from the-Fourth District Court of New Orleans, Price, J. We have before remarked that there is no evidence to show that the plaintiff was bound to account for the proceeds of tho note in question. But even if he were, Ms obligation was not that of a depositary. Tho relation between Mm and the defendant was simply that of 'debtor and creditor.
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li. PPEAL from the-Fourth District Court of New Orleans, Price, J. We have before remarked that there is no evidence to show that the plaintiff was bound to account for the proceeds of tho note in question. But even if he were, Ms obligation was not that of a depositary. Tho relation between Mm and the defendant was simply that of 'debtor and creditor. Few Orleans & Car-rollton Railroad Company v. T. B. Harper, 11 A. B. 212; Matthews, Finley & Co. v. Their Creditors, 10 A. R. 342; Sims v. Blean, 10 An. 346. Nor can the plea of prescription be defeated by the rule “yuca tempo-ralia sunt ad…
1Opinion of the CourtLabatjve, J.
This suit is based upon the folio-wing- written promise of the defendant :
“ Je m’engage par ce present éerit á régler la reclamation de Mr. Laurent Millaudon, montant a la somme de $3,996 50, a la date du 7 Décem-bro, 1852, pour la reclamation du syndicat provisoire, en billets endorsés par mon fils Auguste, lesquels billets seront faits a un, deux et trois ans, avec les intérets de 7 pour cent.”
The defendant, in his answer, admitted the execution of this obligation, and alleged that the plaintiff was indebted to him in the sum of $7,310 12, composed of $2,605, the half of attorney’s fees…
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