Marchand v. Frellsen
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of Louisiana. ■ On Dee. 31, 1863, Erellsen sold to Fairex a plantation in St. Charles Parish, in the S.tate of Louisiana, for the consideration of $133,000, of which Fairex paid .$3,000 in cash, and .the residue .he agreed to pay in annual instalments, bearing interest and falling "due • respectively on the first day of May in every year for eleven years.
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Error to the Circuit Court of the United States for the District of Louisiana. ■ On Dee. 31, 1863, Erellsen sold to Fairex a plantation in St. Charles Parish, in the S.tate of Louisiana, for the consideration of $133,000, of which Fairex paid .$3,000 in cash, and .the residue .he agreed to pay in annual instalments, bearing interest and falling "due • respectively on the first day of May in every year for eleven years. He executed and delivered to Frellsen his promissory notes for the principal of these deferred payments, and also notes for the interest to accrue thereon. In the authentic act…
1Opinion of the Court
Mr; Justice Woods,
after stating-'the ease,- delivered -the opinion.,of the court.
The first contention of’the. .plaintiff in-error is that the court below erred.in the construction which it gave to the appeal-bond . exécuted by him for the appeal taken from the order of • the Fifth District Court. He insists -that the obligation which he thereby assumed was to pay for the use and detention ■'•of the.property pending the .appeal, just damages for delay, costs of suit, and costs and interest on the appeal,- and that he :did not bind himself to pay the debt to satisfy which the writ of Seizure…
2Cases cited2 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Alley v. HawthornSupreme Court of Louisiana · 1846
3Cited by7 opinions
- Robinson v. FairSupreme Court of the United States · 1888
- Fishel v. KiteCourt of Appeals for the D.C. Circuit · 1938
- Barbee v. ShannonCourt Of Appeals Of Indian Territory · 1897
- First Savings Bank & Trust Co. of Albuquerque v. GreenleafCourt of Appeals for the Eighth Circuit · 1923
- Copper River Lumber Co. v. ClarkDistrict Court, D. Alaska · 1909
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