Gleises v. Faurie
Supreme Court of Louisiana
APPEAL FROM THE FIRST JUDICIAL DISTRICT. The petition alleges that Charles Faurie is indebted to John Gleises in the sum of five hundred and sixty-one dollars and seventy-three cents, for the rent of the premises lately occupied by Marignau & Faurie, as Blacksmiths and founders, in suburb Marigny, for fifteen months, which expired on the 30th June, 1831, at the rate of thirty-six dollars and sixty-six cents per month, and elven dollars and seventy-three cents interest…
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APPEAL FROM THE FIRST JUDICIAL DISTRICT. The petition alleges that Charles Faurie is indebted to John Gleises in the sum of five hundred and sixty-one dollars and seventy-three cents, for the rent of the premises lately occupied by Marignau & Faurie, as Blacksmiths and founders, in suburb Marigny, for fifteen months, which expired on the 30th June, 1831, at the rate of thirty-six dollars and sixty-six cents per month, and elven dollars and seventy-three cents interest thereon; that by an act passed before Louis T. Caire, notary public, Faurie took upon himself and promised to pay all the…
1Opinion of the CourtBullard, J.
In this case the appellant relies for a reversal of the judgment principally on a bill of exceptions to the admission of a document marked C. in the record, of a case of Maignan vs. Gleises, to prove payment of the debt sued on. The defendant’s plea was a general denial, and a small offset; and the question is, whether evidence of payment may be given without being pleaded.
We are of opinion that payment is a peremptory exception, going to extinguish the action, and which the Code of Practice requires to be pleaded. It is true that in the action of assumpsit at common law, it is generally…
2Cited by3 opinions
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