Roasenda v. Zabriske
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE FIRST JUDICIAL DISTRICT. This suit comes up” on an injunction, obtained to stay an order of seizure and sale. The plaintiff obtained an order of seizure against two lots of ground, on anote of the defendant for $7905, payable one year' after date, without interest; hut secured by mortgage on these lots, stipulating that said note should hear ten per cent, interesf from maturity, if not then paid.
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APPEAL PROM THE COURT OP THE FIRST JUDICIAL DISTRICT. This suit comes up” on an injunction, obtained to stay an order of seizure and sale. The plaintiff obtained an order of seizure against two lots of ground, on anote of the defendant for $7905, payable one year' after date, without interest; hut secured by mortgage on these lots, stipulating that said note should hear ten per cent, interesf from maturity, if not then paid. The order issued for the amount of the note with ten per cent, interest from its date until paid. The defendant avers that the note had been several times renewed, on…
1Opinion of the CourtMartin, J.
The' defendant is appellant from a judgment dissolving an injunction which he had obtained to stay the execution of an order of seizure and sale, on the ground that the note secured by the mortgage was partly given on an usurious consideration ; and that the order of seizure and sale charged him with interest from the date of the note, while according to the contract he was only liable to pay interest from its maturity.
The defendant obtained a commission to take the testimony of witnesses with a view of "'establishing usury. He was ruled to trial before the return of the commission, and…
2Cited by2 opinions
- Rosenda v. ZabriskieSupreme Court of Louisiana · 1843
- Clarke v. RosendaSupreme Court of Louisiana · 1843