Legal Opinion

Woodlief v. Moncure

Supreme Court of Louisiana

Decided November 15, 1865PublishedCited by 8 opinions

from the Third District Court of New Orleans, Duvigneaud, J. As to plaintiffs being .negoliorum ges-tores, the law is plainly against them. Defendant had no need of a nego-liorum gestor; he was here in town, and had the matter been communicated to him, which there was nothing to prevent, he could have attended to it himself. ■ See Dig. b. 8, tit, 5. Hoc edicium neeessarhvm, etc. Inst. b. 3, tit. 28. Igilur cum qiiis, etc.

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from the Third District Court of New Orleans, Duvigneaud, J. As to plaintiffs being .negoliorum ges-tores, the law is plainly against them. Defendant had no need of a nego-liorum gestor; he was here in town, and had the matter been communicated to him, which there was nothing to prevent, he could have attended to it himself. ■ See Dig. b. 8, tit, 5. Hoc edicium neeessarhvm, etc. Inst. b. 3, tit. 28. Igilur cum qiiis, etc. The payment by plaintiffs was of no advantage or profit to defendant. See 5 Mareadé, p. 252. Pour que le maitre soit oblig-é, etc. The payment was made entirely for…

1Opinion of the CourtLabauve, J.

This suit is brought to recover of the defendant the sum of ¡5534 50. The plaintiffs say that Hopkins had sold said Moncure sugar and molasses, deliverable on the plantation on Bayou Black; that said Moncure had received said sugar and molasses, and paid on account $14,992 80, leaving abalance due said Hopkins of $534 50; and that they paid said balance to said Hopkins as the negoliorum gestores of said Mon-cure, taking, at the same timo, a transfer.

The defendant answered by a general denial; and, in substance, denied that said plaintiffs acted as negotiorum gestores of defendant, and that,…

2Cited by8 opinions

  1. Cox v. WM Heroman & Co., Inc.Supreme Court of Louisiana · 1974
  2. Louisiana State Mineral Board v. AlbaradoSupreme Court of Louisiana · 1965
  3. Webre v. GraugnardSupreme Court of Louisiana · 1931
  4. Self v. B P X OperatingCourt of Appeals for the Fifth Circuit · 2023
  5. De Blanc v. Texas Co.Court of Appeals for the Fifth Circuit · 1941

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