Clarke v. Jones
Supreme Court of Louisiana
This case was tried before the District Court for the parish of Natchitoches, Campbell, J. On motion of the plaintiff, the^suit was dismissed as to Gough; and judgment was given, for the amount claimed, against Jones. The latter appealed. urged the reversal of the judgment, for error on the face of the record.
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This case was tried before the District Court for the parish of Natchitoches, Campbell, J. On motion of the plaintiff, the^suit was dismissed as to Gough; and judgment was given, for the amount claimed, against Jones. The latter appealed. urged the reversal of the judgment, for error on the face of the record. They contended: 1. That the court having rejected the commission, under which the answers to the interrogatories propounded by the defendant, Jones, were taken, the facts slated in those interrogatories should have been taken for confessed. That when interrogatories are propounded to a…
1Opinion of the CourtMorphy, J.
Jones, one of the defendants, who were formerly commission merchants at Natchitoches, has appealed from a judgment decreeing him to pay a balance of #845 64, alleged to be due to the plaintiff on the sale of one hundred barrels of pork, sent to them to be sold for his account. Annexed to plaintiff’s petition is an account of sales, in which this amount is acknowledged to he due, with ten per cent interest per annum from the 1st of May, 1838, and which is in the hand-writing of Gough. Jones alone answered, and pleaded the general issue. He also averred that the partnership between him and his…
2Cases cited1 opinion
- Allain v. TruxilloSupreme Court of Louisiana · 1840
3Cited by1 opinion
- Calhoun ex rel. Fitzimmons v. Insurance Co. of PennsylvaniaSupreme Court of Pennsylvania · 1808