Forsyth v. Martin
Supreme Court of Louisiana
APPEAL from the Fourth District Court of New Orleans, Strawbridge, X. The facts of this case are stated in the opinion infra. It has been contended that,, compensation would not operate, because the bills were held by the defendants as a deposit, and that it came within one of the exceptions created by article 2207. A deposit is defined by the Code to be, an act by which a person receives the property of another, binding himself to preserve it and return it in kind.
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APPEAL from the Fourth District Court of New Orleans, Strawbridge, X. The facts of this case are stated in the opinion infra. It has been contended that,, compensation would not operate, because the bills were held by the defendants as a deposit, and that it came within one of the exceptions created by article 2207. A deposit is defined by the Code to be, an act by which a person receives the property of another, binding himself to preserve it and return it in kind. Art. 2897. There are certain facts or circumstances, which are indispensably necessary to constitute this particular contract;…
1Opinion of the Court
The judgment of the court was pronounced by
Eustis, C. J,
The plaintiff, who resides in Kentucky, alleges that he forwarded for collection to Lonsdale 4 Co. of New Orleans, two certain drafts, for $1,000 each, drawn at Louisville, on Martin 4* Co., a commercial firm of New Orleans, payable ten days after sight; that the drafts were left at the counting-house of the said Martin 4' Co. for their acceptance, and that they fraudulently and illegally retained the same and refused to give them np. He prays for a writ of sequestration, and that they have judgment for the drafts, and.for general relief.
2Cited by4 opinions
- Williams v. JohnstonMississippi Supreme Court · 1927
- Lynn v. LafitteLouisiana Court of Appeal · 1937
- Investors Syndicate v. Deposit Guaranty Bank & Trust Co.Louisiana Court of Appeal · 1937
- Ballis v. Northern Brewery Co.Oregon Supreme Court · 1914