Levy v. Beasley
Supreme Court of Louisiana
APPEAL from the First District Court, Parish of Caddo. Taylor, J. 1. A factor who has complied with his contract is entitled 1 o commissions on all cotton promised to he shipped to him. 24 Ann. 159 ; 30 Ann. 503. 2. Attorney fees stipulated in an act of mortgage are due when the, mortgagor is bound to employ counsel to collect Ms claim. 30 Aim. 65 ; 39 Ann. 397. 3. No separate verdict or judgment was necessary on defendant's claim for damages for an alleged violation of the…
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APPEAL from the First District Court, Parish of Caddo. Taylor, J. 1. A factor who has complied with his contract is entitled 1 o commissions on all cotton promised to he shipped to him. 24 Ann. 159 ; 30 Ann. 503. 2. Attorney fees stipulated in an act of mortgage are due when the, mortgagor is bound to employ counsel to collect Ms claim. 30 Aim. 65 ; 39 Ann. 397. 3. No separate verdict or judgment was necessary on defendant's claim for damages for an alleged violation of the contract sued on and for the alleged wrongful suing out of the sequestration in this suit, and it was defendant’s duty…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins, J.
This is a suit upon an account current for plantation supplies furnished the defendant by the plaintiff during the year 1888, *833and amounting- to something more than $10,000; and for the recognition and enforcement of a contract of pledge on defendant’s crop, and a mortgage which had been executed and delivered to the plaintiff as collateral security for said account.
Tlie plaintiff further avers that the defendant failed and refused to deliver his cotton as he had contracted to do, notwithstanding lie was formally put in default by a timely…
2Cited by3 opinions
- People's Homestead Ass'n v. BartletteCourt of Appeals for the Fifth Circuit · 1929
- Holstead v. LewisLouisiana Court of Appeal · 1935
- Hayward v. HaywardSupreme Court of Louisiana · 1905