Peet-Milano Ice Co., Inc. v. Pisciotta

WESTERFIELD, Judge.

This is a suit for $113.85 made up of a promissory note for $100, loan of money of $12 and an open account of $1.85. The defense is a plea of payment.

There was judgment below in favor of defendant dismissing plaintiff’s demand.

The effect of a plea of payment is an admission of the debt. Louisiana Tire Co. v. Todd, 8 La.App. 676, 677. The manner in which the payment is claimed to have been effected was by the delivery of a quantity of ice at the rate of 15 cents per 100 pounds. The plaintiff admits that all of the ice said to have been delivered by the defendant was received…