Legal Opinion

Lagay v. Chieusse

Supreme Court of Louisiana

Decided June 15, 1843PublishedCited by 4 opinions

Appeal from the District Court of the First District, Buchanan, J. The petition filed in this case, on the 8th of May, 1837, alleges : That the defendant is justly indebted to the petitioner, in the sum of $1277 28, for merchandize sold and delivered, which, though long since due and demanded, the defendant refuses to pay ; that $1202 28 of that sum, is due for goods delivered to defendant, to be sold by him “ for account of the petitioner,” the profits to be divided between…

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Appeal from the District Court of the First District, Buchanan, J. The petition filed in this case, on the 8th of May, 1837, alleges : That the defendant is justly indebted to the petitioner, in the sum of $1277 28, for merchandize sold and delivered, which, though long since due and demanded, the defendant refuses to pay ; that $1202 28 of that sum, is due for goods delivered to defendant, to be sold by him “ for account of the petitioner,” the profits to be divided between them, but that defendant “ took said goods on his own responsibility, at all hazards,” and that he has always refused…

1Opinion of the Court

Bullard, J.*

This action was commenced by an attachment, on an affidavit of the plaintiff, that the defendant, who resided in Mobile, was indebted to him in the sum of $1277 28, for merchandize sold and delivered. On the following day, the petition was filed, which set forth, that the plaintiff, between the 17th of May and the 6th of June, 1833, sold and delivered to the defendants, merchandize to that amount; that $1202 28 of the amount was delivered to the defendant, to be sold by him for account of the petitioner, and the profits to be equally divided ; but that he took the goods on his own…

2Cited by4 opinions

  1. Whited & Wheless, Ltd. v. CalhounSupreme Court of Louisiana · 1908
  2. Schoultz v. KellerLouisiana Court of Appeal · 1929
  3. Streat v. Unity Industrial Life Ins. Co.Louisiana Court of Appeal · 1932
  4. Davis v. Lewis & LewisLouisiana Court of Appeal · 1952

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