Perrillat v. Puech
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE PARISH AND CITY OF NEW ORLEANS. The object of this suit was to compel the defendant to refund money, which the plaintiff alleged he had paid him at an usurious rate of interest. The defendant excepted to the petition, on several grounds which are stated in the opinion of the court. The court below sustained one of the exceptions, and the plaintiff appealed.
1Opinion of the CourtPorter, J.
This action is brought to recover from the defendant the sum of twelve hundred and nineteen dollars, which the plaintiff alleges he paid him for money lent at an usurious rate of interest.
The defendant pleaded as exceptions to the action:
1. The authority of the thing judged.
2. The prescription of one year as established by the 3501st and 3503d article of the Louisiana Code, and
3. That the money was paid in compliance with a natural obligation, and could not be recovered back.
The court below sustained the second exception, and the plaintiff appealed.
The first is unsupported by any evidence.…
2Cited by6 opinions
- Commonwealth Finance Co. v. LivingstonLouisiana Court of Appeal · 1943
- Flower v. MillaudonSupreme Court of Louisiana · 1841
- Hills v. KernionSupreme Court of Louisiana · 1844
- McCook v. ComegysSupreme Court of Louisiana · 1929
- Coffey v. CoffeyLouisiana Court of Appeal · 1989
1 more not listed; retrieve them via the Exa API.