Cousins v. Kelsey
Supreme Court of Louisiana
APPEAL from the Sixth District Court for the parish of Orleans. . Saucier, J. First — Defendant pleads simply tlie general denial. He sets up no claim in reconvention, compensation or otherwise. Second — The only issue of fact to be decided is: Did plaintiff deposit with Mrs. Kelsey as much as 61140 ? This is proved by plaintiff, and corroborated, independently of the admission of Mrs. Kelsey. Much more than $1140 is proved.
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APPEAL from the Sixth District Court for the parish of Orleans. . Saucier, J. First — Defendant pleads simply tlie general denial. He sets up no claim in reconvention, compensation or otherwise. Second — The only issue of fact to be decided is: Did plaintiff deposit with Mrs. Kelsey as much as 61140 ? This is proved by plaintiff, and corroborated, independently of the admission of Mrs. Kelsey. Much more than $1140 is proved. Third — When the wife acts as agent of the husband or of the community, her admissions in connection therewith may be proved, and are binding, although she cannot be…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Plaintiff sues for $1140 with interest, alleged to have been deposited by him with the defendants, out of his earnings from 1859 to 1868, for safe-keeping and subject to the obligation of returning the same.
We gather from the evidence that plaintiff, left an orphan at the age of thirteen, was taken charge of by defendants and received, as a member, into their family. In 1859, at the age of about seventeen years, he found occupation as a railroad employee, and, with the exception of three years during the war, was so engaged, though still…
2Cited by1 opinion
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