Chaffe v. Stubbs
Supreme Court of Louisiana
APPEAL from the Fifth District Court, Parish of Ouachita. . Riehardson, J. The burden of proof is on the defendant who avers a settlement in full. 22 Ann. 106. Under our law replications to an answer are unnecessary, as the law raises for the plaintiff' every defense >f law and fact, and ho is to be considered as denying any now matter setnp by the defendant. 13 Ann. 412; 5 Ann. 294. So the defendant who pleads a discharge or settlement with an agent must: prove his…
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APPEAL from the Fifth District Court, Parish of Ouachita. . Riehardson, J. The burden of proof is on the defendant who avers a settlement in full. 22 Ann. 106. Under our law replications to an answer are unnecessary, as the law raises for the plaintiff' every defense >f law and fact, and ho is to be considered as denying any now matter setnp by the defendant. 13 Ann. 412; 5 Ann. 294. So the defendant who pleads a discharge or settlement with an agent must: prove his authorization. 29 Ann. 363. It is no part of the professional duties of an attorney to compromise litigations. Such authority…
1Opinion of the Court
Tlie opinion of tlie Court was delivered by
Bermudez,'C. J.
This is an action by a succession representative against the sureties on the official bond of Ms removed predecessor, who died thoroughly insolvent.
The suit was originally for some $45,101 40, being the amount of the judgment obtained against the succession of the deceased administrator, but, owing to credits subsequently acknowledged, tlie claim is reduced to $10,609 36.
*658Tlie sureties do not contest their liability to a certain extent. They rely on a compromise alleged to have been entered into, since suit, under which they claim that…
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- First Nat. Bank of Shreveport v. CrawfordLouisiana Court of Appeal · 1984
- Well v. Sabine State Bank & Trust Co.Louisiana Court of Appeal · 1931
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