Legal Opinion

Griffin v. His Creditors

Supreme Court of Louisiana

Decided October 15, 1843PublishedCited by 21 opinions

Appeal from the District Court of Rapides, King, J. prayed for a re-hearing on the ground, that the court erred, in deciding the note for $1966 66§, to be the property of D. M. Cotton, and in sustaining the decision of the lower court refusing to allow interest from the date of the note. The decision as to the illegality of such stipulations must affect existing contracts to a great amount.

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Appeal from the District Court of Rapides, King, J. prayed for a re-hearing on the ground, that the court erred, in deciding the note for $1966 66§, to be the property of D. M. Cotton, and in sustaining the decision of the lower court refusing to allow interest from the date of the note. The decision as to the illegality of such stipulations must affect existing contracts to a great amount. The practice of taking notes for the price of property sold on credit, with the condition that they should bear interest at ten per cent from date, if not paid at maturity, originated more than twenty…

1Opinion of the CourtMorphy, J.

In a tableau of distribution filed in this case, Lambeth & Thompson were set down as privileged creditors on certain slaves, as the holders of a note for $1966 66f, dated the 8lh of February, 1836, and made payable three years thereafter, with interest at ten per cent per annum from its date, if not punctually paid at maturity. They were besides put down as judgment creditors for $4855 98. D. A. and W. A. Stokes, were ranked as mortgage creditors for $4294 81, and Mrs. E. A. Wilder, for a balance of $761(3, due her on a judgment. A number *218of oppositions were made to this tableau, some of…

2Cases cited1 opinion

  1. Casanova's Minors v. AregnoSupreme Court of Louisiana · 1831

3Cited by21 opinions

  1. Miami Corporation v. StateSupreme Court of Louisiana · 1936
  2. Quaker Realty Co. v. LabasseSupreme Court of Louisiana · 1912
  3. Heeb v. Codifer & Bonnabel, Inc.Supreme Court of Louisiana · 1926
  4. Scott v. ApgarSupreme Court of Louisiana · 1959
  5. Gordon Finance Company v. ChamblissLouisiana Court of Appeal · 1970

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