Seris v. Bellocq, Noblom & Co.
Supreme Court of Louisiana
. fi-om the Sixth District Court of New Orleans, Howell, J. This cause was first decided adversely to plaintiff in the lower court, and came up again, for a new trial on the 28th of May, 1863, upon the grounds contained at page 18 of transcript, which resulted in a judgment for plaintiff, condemning the defendants in solido to deliver to him, within ten days from the signing of the judgment, 18 bales of cotton of the middling quality, and weighing in the aggregate 8,050…
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. fi-om the Sixth District Court of New Orleans, Howell, J. This cause was first decided adversely to plaintiff in the lower court, and came up again, for a new trial on the 28th of May, 1863, upon the grounds contained at page 18 of transcript, which resulted in a judgment for plaintiff, condemning the defendants in solido to deliver to him, within ten days from the signing of the judgment, 18 bales of cotton of the middling quality, and weighing in the aggregate 8,050 pounds; and in default thereof, to pay to plaintiff the sum of $1,690 50, being at the rate of 21 cents per pound, and costs…
1Opinion of the CourtHvmaN, C. J.
Defendants are sued to deliver to plaintiff 18 bales of cotton, sold by weight, or to pay damages.
■Judgment was rendered in the lower court condemning defendants to *152deliver to plaintiff 18 bales of cotton, or in default thereof, to'pay hint' $1,690 50, as damages and cost of suit.
Defendants appealed.
On the 11th March, 1862, plaintiff paid defendants $800 for 18 bales of cotton sold to him, at 10 cents per pound, to be delivered in the Mississippi Cotton Press, in New Orleans. On 24th April, 1862, all cotton in the press was taken out by force and nearly all burned.
Defendants proved that, on…
2Cases cited1 opinion
- Vance v. TourneSupreme Court of Louisiana · 1839
3Cited by3 opinions
- State v. ShieldsSupreme Court of Louisiana · 1903
- Woodstock Iron Works v. Standard Pulley Mfg. Co.Supreme Court of Louisiana · 1905
- State v. Desoto Wholesale Grocery Co.Louisiana Court of Appeal · 1935