Smith v. Sénécal
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. The plaintiff loaned her son-in-law, Cauchois, one of the defendants, $10,000, to be placed in the commercial co-partnership of Sénécal & Cauchois, which sum was to be refunded, without interest, in ten annual payments to be deducted out of the amount to be withdrawn by Cauchois, for his private expenses, from the co-partnership, which was to expire at the end of three years; consequently, the last seven…
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Appeal from the District Court of the First District, Buchanan, J. The plaintiff loaned her son-in-law, Cauchois, one of the defendants, $10,000, to be placed in the commercial co-partnership of Sénécal & Cauchois, which sum was to be refunded, without interest, in ten annual payments to be deducted out of the amount to be withdrawn by Cauchois, for his private expenses, from the co-partnership, which was to expire at the end of three years; consequently, the last seven payments were to be made after its expiration. The plaintiff has sued for the whole amount of the loan made to Cauchois,…
1Opinion of the CourtMokphy, J.
The petitioner seeks to recover of the defendants $10,000 paid to Sénécal on or before the 31st of December, 1836, as a portion of the capital stock that John Cauchois, her son-in-law, was to put into the co-partnership of Sénécal 6c Cauchois. She alleges that the firm engaged to refund to her this amount, by yearly instalments of one thousand dollars. That they have not only paid no part of the said sum according to contract, but that, for the purpose of defrauding her of the ten thousand dollars, Sénécal & Cauchois have sold out the largest portion of their goods and merchandize, and are…
2Cases cited1 opinion
- Smith v. RobertsSupreme Court of Louisiana · 1822
3Cited by2 opinions
- Wells v. SiessSupreme Court of Louisiana · 1872
- E.A. Rainold, Inc. v. Waguespack DufresneSupreme Court of Louisiana · 1925