Looney v. Levy
Supreme Court of Louisiana
APPEAL from the First District Court, Parish of Caddo. Taylor, J. The plea of compensation to plaintiff’s claim in globo waives general denial, and admits the claim m globo.
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APPEAL from the First District Court, Parish of Caddo. Taylor, J. The plea of compensation to plaintiff’s claim in globo waives general denial, and admits the claim m globo. Durnford vs. Agrae, 3 H. S. 270; Jones vs. Bishop, 12 La. 397; Rost vs. Byrne, 14 La. 372; Diggs vs. Parish, 18 La. 6; 14 An. 54; 22 An. 442; 23 An. 142; 25 An. 182. He who pleads compensation must do so specifically aud prove it. 11 M, 639 ; 1 H. S. 127-412 ’ 3 H. S. 75, 373 • 6 N. S. 226-250; 14 An. 54; IT La. 259. The debt once admitted is presumed to be still due. 12 La 397; 18 La. 6 ; 17 An. 97. Plea of part payment…
1Opinion of the Court
The opinion of the Court was delivered by
Poems, J.
Plaintiff claims of tbe commercial firm of Levy and Bodenheimer tbe sum of $6,030, for professional services rendered by him as an attorney and counsellor at law.
The services are alleged to have been rendered to tbe firm by plaintiff as their counsel in a large number of suits, in which the defendants were parties, and for general services rendered during the years 1877, 1878, 1879, 1880 and 1881, at the rate of $350 per annum.
The defense was: first, a general denial and the plea of prescription of three years, and subsequently a plea of…
2Cited by2 opinions
- Garden Hill Land Corp. v. CambreLouisiana Court of Appeal · 1978
- New Orleans Loan & Investment Co. v. MontagnetLouisiana Court of Appeal · 1932