Fagot v. Porche
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is an action on two promissory notes, executed by the defendant in favor of Pierre Caseaux, deceased, the ancestor of the plaintiffs.
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APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is an action on two promissory notes, executed by the defendant in favor of Pierre Caseaux, deceased, the ancestor of the plaintiffs. Fagot sues as tutor of his children, who are minor heirs of the deceased, claiming the amount of said notes, which together make the sum of five hundred and twenty dollars ninety-one cents; that one of them, for four hundred and thirty-two dollars ninety-one cents, is secured by a mortgage on a slave, which he prays may be seized and sold to pay said sum. The defendant…
1Opinion of the CourtMartin, J.
The defendant being sued on two promissory notes, executed in favor of the ancestor of the plaintiffs, pleaded *564the general issue, and set up a claim in compensation and . re-convention, for a much larger sum than that for.which the notes sued on were given. Judgment was rendered in favor of the plaintiffs, and disregarding the defendant’s claim, from which he appealed.
crnm^in^compensation and re-convention will be rejected, mami ishnotdequaiiyliquidated with the claim oi the The liquidalion of apartnership claim, cannot be pleaded in compensation tíon, ^gains'T'a note^fhand * The absence…
2Cited by6 opinions
- Bagley v. TateSupreme Court of Louisiana · 1845
- Case v. HendersonSupreme Court of Louisiana · 1871
- Copley v. LambethSupreme Court of Louisiana · 1844
- Senecal v. SmithSupreme Court of Louisiana · 1845
- Phelps v. StoneSupreme Court of Louisiana · 1848
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