Starr & Howland v. Zacharie & Co.
Supreme Court of Louisiana
APPEAL PROM THE COMMERCIAL COURT OP HEW ORLEANS. This is an action to recover the balance of a lumber account, amounting to $2874 43, according to a detailed statement annexed to the petition. The plaintiffs allege, they made three several consignments of planed lumber to defendants for sale, amounting to $6030, which was duly received and sold by the defendants ; that the latter sold on credit, and took notes, which was unauthorized.
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APPEAL PROM THE COMMERCIAL COURT OP HEW ORLEANS. This is an action to recover the balance of a lumber account, amounting to $2874 43, according to a detailed statement annexed to the petition. The plaintiffs allege, they made three several consignments of planed lumber to defendants for sale, amounting to $6030, which was duly received and sold by the defendants ; that the latter sold on credit, and took notes, which was unauthorized. They further show, that after taking the notes of Dakin & Dakin, for the greater part of the lumber, the defendants, without authority, renewed them from time…
1Opinion of the CourtMorphy, J.
This suit is brought, to recover the balance of the proceeds of a cargo of planed lumber, shipped to defendants, and by them sold, for account of plaintiffs, to Dakin & Dakin, architects of this city, at a credit of four and six months. The petitioners allege, that they never authorized defendants to sell their property on credit or to the said Dakin & Dakin, who at the time of the sale were not in good credit; that by keeping the notes received in payment, defendants constituted themselves their agents in relation to them; that when the notes became due, defendants neglected to have them…
2Cited by15 opinions
- Lafitte, Dufilho & Co. v. GodchauxSupreme Court of Louisiana · 1883
- Raymond v. PalmerSupreme Court of Louisiana · 1889
- Francis v. BartlettLouisiana Court of Appeal · 1960
- Allison v. WatsonSupreme Court of Louisiana · 1884
- Peterson Sales Company, Inc. v. C-Moore Glass, Inc.Louisiana Court of Appeal · 1974
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