Legal Opinion

Dubourg v. Anderson

Supreme Court of Louisiana

Decided December 15, 1819PublishedCited by 5 opinions

Appeal from the court of the second district. The petition stated that the defendant is in-deb ted to the plaintiffs, in the sum of 850 dollars, with damage for the following cause, viz ; ^at *n March, 1818, they purchased from him {[fiy barrels of molasses, which he assured them he had on a plantation which he had lately sold, and gave to them an order therefore on his vendee, taking their notes for the said sum$ that on application to the latter person, the plain - tiffs…

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Appeal from the court of the second district. The petition stated that the defendant is in-deb ted to the plaintiffs, in the sum of 850 dollars, with damage for the following cause, viz ; ^at *n March, 1818, they purchased from him {[fiy barrels of molasses, which he assured them he had on a plantation which he had lately sold, and gave to them an order therefore on his vendee, taking their notes for the said sum$ that on application to the latter person, the plain - tiffs found that the defendant had not any molasses at the said plantation. The petition con-eluded with a prayer that the…

1Opinion of the CourtDerbigny, J.

The defendant having sold to the plain* tiffs a quantity of molasses, represented,to be no| *272less than forty barrels. They gave him in payment their negociable note of hand for toe sum of S50 dollars. But having foujud, when they went to receive the molasses, that it fell short of the quantity represented, they refused to take it, and brought the present suit against him to obtain restitution of their note. They further ask for such other relief as equity and justice may demand It is'in proof; that instead df fori ty barrels, the quantity of the molases was noi more than fifty or sixty gallons…

2Cited by5 opinions

  1. Wilkin-Hale State Bank v. TuckerSupreme Court of Louisiana · 1921
  2. McKerall v. McMillanSupreme Court of Louisiana · 1844
  3. Same v. SameSupreme Court of Louisiana · 1866
  4. Garlick v. Williams Medical & Surgical InstituteSupreme Court of Louisiana · 1913
  5. Hunter v. SmithSupreme Court of Louisiana · 1826

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