Legal Opinion

Gay & Co. v. Blanchard

Supreme Court of Louisiana

Decided March 15, 1880No. 7735PublishedCited by 37 opinions

APPEAL from tbe Fifteenth Judicial District Court, parish of La-fourche. Beattie, J. First — Novation is never presumed, and can only result from the manifest terms of an agreement clearly evidencing the intention of the creditor to alter the form of his debt.

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APPEAL from tbe Fifteenth Judicial District Court, parish of La-fourche. Beattie, J. First — Novation is never presumed, and can only result from the manifest terms of an agreement clearly evidencing the intention of the creditor to alter the form of his debt. O. Q, 2190. ■'Second — The delegation, by which a debtor gives to a creditor another debtor, who obligates himself toward such creditor, does not operate a novation unless the creditor has expressly declared that he intends to discharge the debtor who has made the delegation. 4 N. S. 98 ; 4 An. 281, 510 ; 5 An. 508 ; 9 An. 230 ; 11 An.…

1Opinion of the Court

The opinion of the court was delivered by

Spencer, J.

This case was before us in April last on an exception of prescription.

In 1870, Francis T. Nicholls sold to defendant, Mrs. Suthon, one half of a plantation for $10,000, represented by her'four notes of $2500 each, falling due in 1871,1872,1873, and 1874, and secured by mortgage and vendor’s lien.

In 1871, Mrs. Suthon sold this property to F. W. Pike, who, as part *501of the price, assumed the payment of these four notes, Pike granting mortgage, etc., to secure the performance of his obligations.

W. W. Pugh became owner of these notes, and in 1874…

2Cases cited2 opinions

  1. Clark v. Mayor of New-YorkNew York Supreme Court · 1848
  2. In re PrimeNew York Supreme Court · 1847

3Cited by37 opinions

  1. Blackhawk Heat. & P. Co., Inc. v. Data Lease Fin. Corp.Supreme Court of Florida · 1974
  2. George A. Fuller Co. v. United StatesUnited States Court of Claims · 1947
  3. Patterson v. . MeyerhoferNew York Court of Appeals · 1912
  4. Finley v. BassLouisiana Court of Appeal · 1985
  5. Finn v. EMPLOYERS'LIABILITY ASSURANCE CORPORATIONLouisiana Court of Appeal · 1962

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