McCullom v. Porter
Supreme Court of Louisiana
A IlL PPEAL from the Sixth District Court of New Orleans,* Howell, J. The plaintiff sues the defendants for damages on a'n alleged refusal to deliver a portion of sugar confided to them, as depositees or bailees. There is no allegation in the petition, either of want of good faith, or of reasonable care, or of ordinary diligence.
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A IlL PPEAL from the Sixth District Court of New Orleans,* Howell, J. The plaintiff sues the defendants for damages on a'n alleged refusal to deliver a portion of sugar confided to them, as depositees or bailees. There is no allegation in the petition, either of want of good faith, or of reasonable care, or of ordinary diligence. Under general principles of law, warehousemen “ are responsible for want of good faith, and of reasonable care and ordinary diligence, and not to any greater extent.” 2 Kent, p. 591; La. Code 2908, 2909, 2910; 1 Larombifere, p. 406. As to force majeure: L. C. 2151,…
1Opinion of the CourtLabauve, J.
The plaintiff alleges that the defendants, commercial partners in tho city of New Orleans, are justly indebted in solido to him, in the sum of §11,680; for this, that, at divers times, from the 31st January to the 6th February, 1860, the defendants received on storage from him, and on his account, 170 hhds. of sugar, which they agreed to house and restore to him on demand, in consideration of a reasonable compensation for the storage and preservation; that on or about the 30th April, 1860, he made a demand for the delivery of said sugar, and that they restored to him only 24 hhds., having 146…
2Cited by11 opinions
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- Leigh v. Johnson-Evans MotorsLouisiana Court of Appeal · 1954
- Traders Compress Co. v. PrecureSupreme Court of Oklahoma · 1924
- Poydras Fruit Co. v. Weinberger Banana Co.Supreme Court of Louisiana · 1938
- Austin v. HeathSupreme Court of Louisiana · 1929
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