Legal Opinion

Mutual National Bank v. Keenan

Supreme Court of Louisiana

Decided December 15, 1883No. 8865PublishedCited by 6 opinions

APPEAL from the Civil District Court for the Parish of Orleans. J. Compensation is not allowable against tbe vendor in a casli sale. 28 An. 627 ¡ Marcadé, Vol. 4, ■ pp. 626, 627 j No. 1, p. 629; No. 5 on Art. 1293, Code Napoleon $ 18 Laurent, p. 468, and 2d note.

1Opinion of the Court

The opinion of the Court was delivered by

Bermudez; C. J.

This is an action to recover the price of cotton sold for cash. The defence is compensation. From a judgment adverse to them the defendants appeal.

The following are the facts proved. On December 12th, 1881, Ben Gerson & Son drew a sixty days’ note for $3,000 to the order of defendants, who endorsed it for .accommodation. The note was used by the drawers. A few days previous to its maturity, learning that Gersoa *1130& Son were in failing circumstances and would not take up the note, the defendants, through a broker who did not disclose them…

2Cited by6 opinions

  1. Tolbird v. CooperSupreme Court of Louisiana · 1962
  2. Fontenot's Rice Drier, Inc. v. Farmers Rice Milling Co., Inc.Louisiana Court of Appeal · 1976
  3. Succession of RomeroSupreme Court of Louisiana · 1915
  4. Pierson v. Metropolitan BankSupreme Court of Louisiana · 1903
  5. Hitt v. HerndonSupreme Court of Louisiana · 1927

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