Duplantier v. Newcomb
Supreme Court of Louisiana
APPEAL from the District Court of East Baton Rouge, Boyle, J. contended that though a party would not be permitted to prove a fact extinguishing an obligation contracted by him, without having specially pleaded it, yet where a plaintiff, in his efforts to establish the contract, introduces evidence which shows its extinction, that evidence must avail the defendant, under the general issue. In Brown v. Saul, 4 Mart.
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APPEAL from the District Court of East Baton Rouge, Boyle, J. contended that though a party would not be permitted to prove a fact extinguishing an obligation contracted by him, without having specially pleaded it, yet where a plaintiff, in his efforts to establish the contract, introduces evidence which shows its extinction, that evidence must avail the defendant, under the general issue. In Brown v. Saul, 4 Mart. N. S. 437, the court say that, “a total want of legal right in a suitor, in relation to the matters in litigation, ought to be taken into consideration and acted on by courts of…
1Opinion of the Court
The judgment of the court was pronounced by
Eustis, C. J.
This case was before the late Supreme Court, and is reported in 10 Robinson’s Rep. p. 104. On the argument of that case, it was urged that the judgment appealed from, so far as it related to the defendant, Harney, ought to be reversed, on the ground that he, as the endorser on the notes sued on, was discharged by an act of the plaintiff, in postponing the mortgage by which the notos were secured to that of another creditor, the Union Bank; but Harney had not appealed, and the objections to his liability were not noticed. The judg*280ment was…
2Cited by1 opinion
- Caskey v. CrawleyLouisiana Court of Appeal · 1931