Legal Opinion

Bonner v. Beard

Supreme Court of Louisiana

Decided October 15, 1891No. 305PublishedCited by 9 opinions

APPEAL from the First District Court, Parish of Caddo. Taylor, J. One who, when sued, has availed himself of a written compromise signed only, plaintiff, by procuring a judgment thereon in his favor, is as much bound by the written compromise as if he had signed the same. 2II. 1002, No. I15; 2 An. 254 ; 32 An. 314; 11 M., Bradford vs. Brown; 211. 1011,Nos. 1, 2, 3, 4,5, 7, 9,10,11. The fact that a suit may be necessary to enforce a claim does not malte the claim ■•"is right.…

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APPEAL from the First District Court, Parish of Caddo. Taylor, J. One who, when sued, has availed himself of a written compromise signed only, plaintiff, by procuring a judgment thereon in his favor, is as much bound by the written compromise as if he had signed the same. 2II. 1002, No. I15; 2 An. 254 ; 32 An. 314; 11 M., Bradford vs. Brown; 211. 1011,Nos. 1, 2, 3, 4,5, 7, 9,10,11. The fact that a suit may be necessary to enforce a claim does not malte the claim ■•"is right. 2 An. 62 and 79; 3 An. 553; 6 An. 238; 12 An. 645; 13 An. 529 ; 30 t or debt is valid, as against the debtor, even…

1Opinion of the Court

The opinion of the court was delivered by

Breaux, J.

Plaintiffs sue to recover the balance due on an annuity the defendant owed to his mother, at the rate of five hundred dollars per annum.

Mrs. M. O. Bonner sues to recover a fifth interest in this claim by right of inheritance from her mother, and her husband sues as transferree by purchase from three co-heirs of his wife.

The fifth heir is the defendant, who filed a general denial, and in addition specially denied that the alleged transferree is the owner of any part of the claim, and in the alternative alleges that, if he is the owner, he is…

2Cited by9 opinions

  1. Sanders v. DitchSupreme Court of Louisiana · 1903
  2. Zurich Insurance Co. v. Grain Dealers Mutual Ins. Co.Louisiana Court of Appeal · 1964
  3. Keith v. Comco Ins. Co.Louisiana Court of Appeal · 1991
  4. Sutton v. LambertLouisiana Court of Appeal · 1995
  5. Wood v. Zor, Inc.Louisiana Court of Appeal · 1963

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