Succession of Durnford
Supreme Court of Louisiana
Appeal from the Court of Probates of New Orleans, Bermu-dez, J. Garland, J. In the month of May, 1826, Thomas Durnford •died, and in a short time after, McDonogh, who was a large creditor, became the .curator of his vacant succession, and proceeded to administer it.
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Appeal from the Court of Probates of New Orleans, Bermu-dez, J. Garland, J. In the month of May, 1826, Thomas Durnford •died, and in a short time after, McDonogh, who was a large creditor, became the .curator of his vacant succession, and proceeded to administer it. He, from time to time, presented his accounts to the Court of Probates, but failed to have them regularly homo-logated ; but was by the Judge of Probates continued in office ■until the early part of the year 1843, when the heirs of Durn-ford presented themselves, were acknowledged, and called on the curator to render a final…
1Opinion of the CourtGarland, J.
The first question is, whether McDonogh is a creditor or not. That is, we think, clearly proved by the production of an authentic act, in which a balance of $9763, is acknowledged to be due, by Durnford, under whom the opponents claim. The judge below, therefore, did not err in allow ing this sum to the curator.
The next question is, as to interest on the aforesaid sum at the rate of ten per cent, which is claimed by McDonogh. In the no*494tarial act nothing is said about interest, and no written promise to pay it is shown, except, that the curator produces two receipts, signed by himself, dated…
2Cases cited4 opinions
- Prall v. Peet's CuratorSupreme Court of Louisiana · 1832
- Badon's Heirs v. FoucherSupreme Court of Louisiana · 1840
- De Gruy's Syndic v. HennenSupreme Court of Louisiana · 1831
- Lynch v. BurrSupreme Court of Louisiana · 1844
3Cited by3 opinions
- Succession of RoseSupreme Court of Louisiana · 1896
- Schick v. CorbettSupreme Court of Louisiana · 1899
- Bennett v. BordelonLouisiana Court of Appeal · 1933