Dick v. Byrne
Supreme Court of Louisiana
Appeal from the Commercial Court of New Orleans, Watts, J. contended, that the debt due by plaintiffs had been extinguished by compensation, citing 7 Toullier, book 3, tit. 3, No. 377. Domat, part 1, book 3, tit. 3, § 1, No. 8. Pothier, Oblig. Nos. 27, 2S. Compensation takes place by operation of law only where “two persons are indebted to each other.” Civ. Code, art. 2203. The debtor in one case must be the same person as the creditor in the other.
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Appeal from the Commercial Court of New Orleans, Watts, J. contended, that the debt due by plaintiffs had been extinguished by compensation, citing 7 Toullier, book 3, tit. 3, No. 377. Domat, part 1, book 3, tit. 3, § 1, No. 8. Pothier, Oblig. Nos. 27, 2S. Compensation takes place by operation of law only where “two persons are indebted to each other.” Civ. Code, art. 2203. The debtor in one case must be the same person as the creditor in the other. Plaintiffs are not in the situation of debtors, in solido. A commercial firm is a species of artificial being, possessing, in contemplation of…
1Opinion of the CourtBullard, J.
The present case discloses the following state of facts : McLean, one of the partners of Dick, McLean & Hill, had a judgment against Charles Byrne, for about two thousand dollars. The firm had, at the same time, in the warehouse of Byrne, a lot of cordage on store, upon which there was due by them, on the 7th June, 1842, $313 26 for storage. On that day Byrne transferred and assigned the account to Joseph Landis, and Dick, McLean & Hill, were notified of the assignment. Thereupon, they brought the present action in which they claim that the rope shall be delivered to them, alleging that the…
2Cases cited1 opinion
- Blanchard v. ColeSupreme Court of Louisiana · 1835