Breen v. Schmidt
Supreme Court of Louisiana
APPEAL from the Fourth District Court of New Orleans, Strawbridge, J. The counsel for the defendant asks “to whom did this money belong after it had been deposited; to Breen or to Schmidt?” Let his own client answer.-..-Is his clientin-the habit of taking money that don’t belong to him? Is he in the habit of calling on notaries to get the money deposited with them to pay his notes when they fall due? Why did he call on the notary for this money? Let him speak for himself.
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APPEAL from the Fourth District Court of New Orleans, Strawbridge, J. The counsel for the defendant asks “to whom did this money belong after it had been deposited; to Breen or to Schmidt?” Let his own client answer.-..-Is his clientin-the habit of taking money that don’t belong to him? Is he in the habit of calling on notaries to get the money deposited with them to pay his notes when they fall due? Why did he call on the notary for this money? Let him speak for himself. He knew he had sold the property; he knew Breen had purchased it; he also knew that Breen had deposited the cash payment…
1Opinion of the Court
The judgment of the court was pronounced by
Eustis, C. J.
On the 9th February, 1850, the defendant caused to be sold at public auction, two lots of ground situated in the city of Lafayette, which were purchased by the plaintiff for fourteen hundred and thirty dollars, payable one-fourth cash and the balance in three equal installments, at six, twelve and eighteen months. In the auctioneer’s advertisement it was stated that the deeds of sale were to be passed before Joseph JR. Beard, then a notary public in New New Orleans. It appears that on the 27th 'February, 1850, the purchaser, Breen,…
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