Mortimer v. Trappan's Estate
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action on an account, stated by the plaintiff, against the estate of the late J. J. Trappan, in which he claims a balance of five hundred and two dollars, as due to him, after allowing credit for cash paid him at various times. He alleges the executor refused to allow his account, wherefore, he prays judgment, &c. _ _ _ _ The executor pleaded the general issue.
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APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action on an account, stated by the plaintiff, against the estate of the late J. J. Trappan, in which he claims a balance of five hundred and two dollars, as due to him, after allowing credit for cash paid him at various times. He alleges the executor refused to allow his account, wherefore, he prays judgment, &c. _ _ _ _ The executor pleaded the general issue. The plaintiff made proof of his demand. In the course of the trial, the defendant offered written evidence to show that the plaintiff had received at…
1Opinion of the CourtBullard, J.
The plaintiff sues for the amount of a promissory note and a balance due him for wages, as clerk, by the defendant’s testator, as shown by the note and account annexed to the petition. The defendant having answered by a general denial, offered in the progress of the trial to'show by written x . J evidence, that the plaintiff had received various sums of money to a greater amount than was admitted in his account. The evidence was rejected on the ground ’that payment or compensation ought to have been pleaded. A bill of exceptions was taken, from which it further appears that the defendant…
2Cited by3 opinions
- Busby v. ChildressLouisiana Court of Appeal · 1938
- Campbell v. ClarkLouisiana Court of Appeal · 1950
- Bay Shoe Co. v. NacolLouisiana Court of Appeal · 1928