Flower v. Millaudon
Supreme Court of Louisiana
Eastern Dis. ON A RE-HEARING-, being dissatisfied with the rejection of several material items in the defendant’s account, prayed the court for a re-hearing. representing the plaintiff in part, who was also dissatisfied with the judgment, submitted various points on which a re-hearing was asked, in cáse a rehearing was granted to the defendant.
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Eastern Dis. ON A RE-HEARING-, being dissatisfied with the rejection of several material items in the defendant’s account, prayed the court for a re-hearing. representing the plaintiff in part, who was also dissatisfied with the judgment, submitted various points on which a re-hearing was asked, in cáse a rehearing was granted to the defendant. A re-hearing under these circumstances was ordered by the court. > And now at the July term, 1841, the following judgment was pronounced, re-affirming the first or previous one.
1Opinion of the CourtBullard, J.
The acceptance of accounts by the party 1° whom rendered, evifenceoftheir HiTforTiim’to show errors.— The burden of proof is on him.
A re-bearing having been, allowed in this case, it has again i3eell ai.gUe¿ an¿ considered by the court.
The principles of law, which after much reflection the court regarded as applicable to the case, have not been strenuously combatted on the last argument. The usurious character of the first agreement, by which the plaintiff in reconvention stipulated for ten per cent, interest on his advances, and one-third of the profits of the concern, appears to us clear,…
2Cited by1 opinion
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