Benson v. Smith
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE SIXTH JUDICIAL DISTRICT, THE JUDGE OP THE SEVENTH PRESIDING. The plaintiff sold to the defendant a lot of ground, opposite to the town of Alexandria, on the river, for $350, with interest. A note was executed, dated March 17, 1819, for 350 dollars. At the time of the sale, a bridge was about to be built across Red River, which would have connected the two sides, and rendered the lot purchased very valuable.
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APPEAL PROM THE COURT OP THE SIXTH JUDICIAL DISTRICT, THE JUDGE OP THE SEVENTH PRESIDING. The plaintiff sold to the defendant a lot of ground, opposite to the town of Alexandria, on the river, for $350, with interest. A note was executed, dated March 17, 1819, for 350 dollars. At the time of the sale, a bridge was about to be built across Red River, which would have connected the two sides, and rendered the lot purchased very valuable. The scheme of building the bridge, was soon afterwards abandoned, and the property became comparatively worthless. Benson made a proposition to Smith to…
1Opinion of the Court
Martin J.
delivered the opinion of the court. This is an action on a promissory note. The defendant had a verdict and judgment. The plaintiff made an unsuccessful attempt to obtain a new trial, and appealed.
The execution of the note was admitted, but the defendant drew the following facts from the plaintiff by interrogatories. The note was given for the price of a lot on the side of Red River, opposite to Alexandria, where the plaintiff had laid out a tract 'of land into lots, several of which he sold. The building of a bridge across the river was, at that time, spoken of. The plaintiff, as…
2Cited by3 opinions
- Meaux v. PittmanSupreme Court of Louisiana · 1883
- Sciambra v. Emblem, Inc.Louisiana Court of Appeal · 1950
- Walters v. FaulkLouisiana Court of Appeal · 1881