G. Corral & Co. v. Eclipse Towboat Co.
Supreme Court of Louisiana
PPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. 1. Plaintiffs, suing exclusively for their own benefit, in order to recover, must have an interest in the damages claimed at the institution and during the pendency of the suit., C. P.3 Art. 15; 1 Bob., 470; 5 A., 263. 2. Agents cannot recover for their principals unless they set up in their pleadings that the-suit is instituted un behalf of their principals, and must disclose the names of said;…
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PPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. 1. Plaintiffs, suing exclusively for their own benefit, in order to recover, must have an interest in the damages claimed at the institution and during the pendency of the suit., C. P.3 Art. 15; 1 Bob., 470; 5 A., 263. 2. Agents cannot recover for their principals unless they set up in their pleadings that the-suit is instituted un behalf of their principals, and must disclose the names of said; principals in their pleadings. 24 A., 18; 28 A., 412. 3. The putting of a debtor in default is, under our law, a condition…
1Opinion of the Court
The opinion of the Court was delivered by
Pociié, J.
Defendants prosecute this appeal from a judgment condemning them to pay to plaintiff $4329.88 for an alleged violation of a contract, by which they had bound themselves to tow to the city of New Orleans from the Gulf of Mexico and back again, for a term of one year from July 11, 1882, all the vessels which would come to this port on consignment to plaintiffs, at a stipulated price per tonnage for the round trip.
The amount claimed by plaintiffs and allowed by the District Court consists of the sum of $40, spent by them as counsel fees in some…
2Cited by1 opinion
- Morris v. Municipal Gas Co.Supreme Court of Louisiana · 1908