Lowe v. Korner
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST DISTRICT. This was an action for damages, in which the defendants were charged with having combined together to defraud the plaintiff of a flock of sheep.
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APPEAL FROM THE COURT OF THE FIRST DISTRICT. This was an action for damages, in which the defendants were charged with having combined together to defraud the plaintiff of a flock of sheep. On the trial of the cause, the counsel for the defendants , , , , . , . , requested the court to charge the jury, that unless they were satisfied the defendants combined together, for the purpose of defrauding the plaintiff, they must find a verdict for the defendant; and that the allegation of a combination between the defendants, was a material allegation in the plaintiff’s petition. The court refused so…
1Opinion of the CourtPorter, J.
This action was brought against the defendant, and a person named Barnett. The petition charges that they had combined to defraud the petitioner out of a quantity of sheep under the pretence of a sale from Barnett, whom the plaintiff had hired to watch them, and that he has sustained damage to the amount of six hundred and fifty dollars, which they are jointly and severally liable to pay, and for which he prays judgement-
Barnett made no answer, nor was judgement by default taken against him. ICorner pleaded separately, that the allegations in the petition were untrue: that he bought the sheep…
2Cited by2 opinions
- Howell v. St. Charles Street RailroadSupreme Court of Louisiana · 1870
- Molony Bros. v. Rugeley, Blair & Co.Supreme Court of Louisiana · 1869