Legal Opinion

Smith v. Hussey

Supreme Court of Louisiana

Decided April 15, 1907No. 16,382PublishedCited by 24 opinions

Appeal from Civil District Court, Parish of Orleans; Walter Byers Sommerville, Judge. Action by John A. Smith against John Hussey. Judgment for plaintiff. Defendant appeals.

1Opinion of the Court

*33Statement.

MONROE, J.

This is an action for the recovery of “the double” of $3,000, alleged to have been given as “earnest.”

Plaintiff alleges that defendant agreed to sell him certain real estate (which is described); “that, in order to bind the purchase, petitioner * * * deposited with J. L. Onorato, agent for said J. Hussey, the sum of $3,000, which said agreement, evidenced in writing, is filed herewith and made part hereof, and marked Exhibit A; * * * that the deposit of $3,000 has been returned, but that defendant is indebted * * * in the further sum of $3,000, under the statutes, in this,…

2Cases cited8 opinions

  1. The Elgee Cotton CasesSupreme Court of the United States · 1875
  2. Murphy v. HusseySupreme Court of Louisiana · 1906
  3. Capo v. BugdahlSupreme Court of Louisiana · 1906
  4. Peck v. BemissSupreme Court of Louisiana · 1855
  5. Collins v. DesmaretSupreme Court of Louisiana · 1893

3 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Legier v. BraughnSupreme Court of Louisiana · 1909
  2. Maloney v. AschaffenburgSupreme Court of Louisiana · 1917
  3. New Iberia Sugar Co. v. LagardeSupreme Court of Louisiana · 1912
  4. Noto v. BlascoLouisiana Court of Appeal · 1940
  5. Nosacka v. McKenzieSupreme Court of Louisiana · 1911

19 more not listed; retrieve them via the Exa API.

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