Legal Opinion

Ryder v. Frost

Supreme Court of Louisiana

Decided June 15, 1848PublishedCited by 4 opinions

APPEAL from the Fourth District Court of New .Orleans, Straivbridge, J. contended that there was no valid contract between the parties. C. C. 1791 to 1803. 6 La. 208. Johnson v. Fessler, 7 Watts 48. Chitty on Contracts (Am. ed.. 1842), pp. 9, 10, notes 1, 2; p. 14, note 1. There was no consideration for defendant’s promise. Pothier. Obi. vol. 1, p. 46. The amount was to be paid to plaintiff, after he had paid the judgment creditors.

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APPEAL from the Fourth District Court of New .Orleans, Straivbridge, J. contended that there was no valid contract between the parties. C. C. 1791 to 1803. 6 La. 208. Johnson v. Fessler, 7 Watts 48. Chitty on Contracts (Am. ed.. 1842), pp. 9, 10, notes 1, 2; p. 14, note 1. There was no consideration for defendant’s promise. Pothier. Obi. vol. 1, p. 46. The amount was to be paid to plaintiff, after he had paid the judgment creditors. Plaintiff was already 1 egally bound to pay the debt; and defendant was under no moral obligation to contribute, ns between plaintiff and himself, any thing…

1Opinion of the Court

The judgment of the court.was pronounced by

Slidell, J.

This suit is brought to recover $500, under the following circumstances. Ryder 4- Frost were commercial partners at Alton, Illinois. They failed in business. After the dissolution, Ryder, in 1841, undertook to settle the affairs of the concern; took the assets, and gave Frost a bond of indemnity to hold him harmless against all the partnership debts. Amongst other debts, the firm owed J. 8fR. Leavitt, of New York, a judgment debt of about $0,000. This debt had been compromised by Frost with their creditors, in 1839: but, in June of that…

2Cases cited1 opinion

  1. Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830

3Cited by4 opinions

  1. Saunders v. BoldenSupreme Court of Louisiana · 1923
  2. Cerami v. HaasSupreme Court of Louisiana · 1940
  3. Pere v. DalgarnLouisiana Court of Appeal · 1926
  4. Shreveport Traction Co. v. MulhauptSupreme Court of Louisiana · 1908

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