Rosenda v. Zabriskie
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. This case presents two questions : I. Does an agreement to pay usurious interest produce a natural obligation ? IT. If it does, the second question arises, what is the effect of such natural obligation on the right of the parlies to this suit ? 1st. The first of these questions has been already twice decided in the affirmative by this Court.
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Appeal from the District Court of the First District, Buchanan, J. This case presents two questions : I. Does an agreement to pay usurious interest produce a natural obligation ? IT. If it does, the second question arises, what is the effect of such natural obligation on the right of the parlies to this suit ? 1st. The first of these questions has been already twice decided in the affirmative by this Court. In the case of Perrilliat v. Pencil, 2 La. 429. Judge Porter, who delivered the opinion of the Court, says: “The 1751st article of the Louisiana Code, divides natural obligations into four…
1Opinion of the CourtGarland, J.
This case was before us in May, 1841, and remanded for a new trial, the injunction being sustained in part. 18 La. 346. We then directed, that oral evidence should be admitted to sustain the plea of usury. Judgment has again been rendered against the defendant, and he has appealed.
When the case was tried, the District Judge permitted evidence to be given to prove, that usurious interest for one year was included in the last note and mortgage, but refused to admit any evidence of anterior usurious interest being added to the principal. He reduced the interest to ten per cent, and sustained the…
2Cases cited5 opinions
- Daquin v. CoironSupreme Court of Louisiana · 1832
- Clague v. Their CreditorsSupreme Court of Louisiana · 1830
- Flower v. MillaudonSupreme Court of Louisiana · 1834
- Roasenda v. ZabriskeSupreme Court of Louisiana · 1841
- Bouthemy v. DreuxSupreme Court of Louisiana · 1821
3Cited by12 opinions
- Thrift Funds of Baton Rouge, Inc. v. JonesSupreme Court of Louisiana · 1973
- Budget Plan of Baton Rouge, Inc. v. TalbertSupreme Court of Louisiana · 1973
- Russ v. United Farm Equipment Co.Supreme Court of Louisiana · 1956
- Commonwealth Finance Co. v. LivingstonLouisiana Court of Appeal · 1943
- First Nat. Bank of Jefferson Parish v. KindermannLouisiana Court of Appeal · 1973
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