Millaudon v. Arnaud
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SEVENTH DISTRICT, THE JUDGE OF THE DISTRICT FERSIDING. This suit is brought on an account current between the plaintiff and defendant in which the former claims a balance of eight thousand nine hundred and eighty-one dollars and forty-three cents, and the enforcement of a mortgage on a plantation and twenty-nine slaves in the parish of Concordia, against the latter, to secure payment.
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APPEAL FROM THE COURT OF THE SEVENTH DISTRICT, THE JUDGE OF THE DISTRICT FERSIDING. This suit is brought on an account current between the plaintiff and defendant in which the former claims a balance of eight thousand nine hundred and eighty-one dollars and forty-three cents, and the enforcement of a mortgage on a plantation and twenty-nine slaves in the parish of Concordia, against the latter, to secure payment. The defendant says he owes four thousand four hundred and twenty-six dollars and twenty-one cents, which he has always been ready to pay; that the plaintiff has overcharged him by…
1Opinion of the CourtPorter, J.
The plaintiff sues the defendant to recover the balance due on account, and he has prayed that a plantation and slaves which were mortgaged to secure the payment of the balance due to him, may be seized and sold to satisfy the judgement.
The answer of the defendant charges, that a large portion of the balance which appears against him on the account current of the plaintiff, proceeds from usurious and compound interest exacted by him in various transactions which the parties have had together.
The defendant,' on the trial, introduced the accounts current which the plaintiff had furnished to him…
2Cited by2 opinions
- Commonwealth Finance Co. v. LivingstonLouisiana Court of Appeal · 1943
- Flower v. MillaudonSupreme Court of Louisiana · 1834