Legal Opinion

Lamorere v. Avery

Supreme Court of Louisiana

Decided October 15, 1880No. 20PublishedCited by 3 opinions

A PPEAL from the First Judicial District .lx Taylor, J. Court, parish of Caddo. First — The plaintiff having sued and recovered judgment against the defendant for part of an entire demand, in order to give jurisdiction to the parish court, lost the amount sued for in this case.

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A PPEAL from the First Judicial District .lx Taylor, J. Court, parish of Caddo. First — The plaintiff having sued and recovered judgment against the defendant for part of an entire demand, in order to give jurisdiction to the parish court, lost the amount sued for in this case. C. P. 91,156 ; 2 R. 207 ; 22 A. 492 ; 25 A. 228-4. Second — The plaintiff received, and procured Dillon, Ford, and Soape to sell the whole crop made upon the leased premises, fifty-five bales, confusedly with one hundred and twenty-nine bales of his own cotton, and failed to show the weights and prices of the cotton,…

1Opinion of the Court

The opinion of the Court was delivered by

Poché, J.

Plaintiff, who was the lessee of Hart’s Island plantation, in the parish of Caddo, for the year 1879, subleased to defendant for that year a portion of said plantation for a stipulated sum of $705 per an-*1010nun), and be brings this suit to recover said rent, subject to a credit of $25 33.

In bis answer defendant admits the lease, but avers that said lease was only a part of an entire contract, under which the lessor was, in addition, to furnish the lessee and his laborers with supplies necessary to enable them to raise a crop of cotton on the…

2Cases cited2 opinions

  1. Jones v. TrimbleSupreme Court of Pennsylvania · 1832
  2. Henry v. McClellan, Pennsylvania Court of Common Pleas, Beaver County1892

3Cited by3 opinions

  1. Johnson v. WilsonSupreme Court of Louisiana · 1960
  2. Chapman v. ChapmanLouisiana Court of Appeal · 1961
  3. Lee v. PerkinsSupreme Court of Louisiana · 1940

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