Stewart v. Carlin
Supreme Court of Louisiana
APPEAR FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE OF THE FIFTH PRESIDING. Dennis Carlin executed his note to Dr. Stewart on the 13th of May 1829, for §227 — payable on demand with ten per cent interest until paid. The note was given for medical services.
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APPEAR FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE OF THE FIFTH PRESIDING. Dennis Carlin executed his note to Dr. Stewart on the 13th of May 1829, for §227 — payable on demand with ten per cent interest until paid. The note was given for medical services. The defendant alledges that there was an understanding between him and the plaintiff that payment was not to be demanded until the ensuing year: and that notes and accounts on other persons were to be taken in payment. That the medical charges were exorbitant and the note only given to settle and liquidate the account. The…
1Opinion of the Court
Martin J.
delivered the opinion of the Court.
This is an action on a promissory note. The defendant pleads the general issue ; and that the plaintiff agreed to suspend his right of sueing for a period not yet expired.
There was also a.plea of reconvention. His counsel in *73this Court urged that interrogatories were put to the plaintiff in the answer, to which the necessary affidavit was annexed. That the plaintiff did not object to answer any of these interrogatories — that therefore they ought to have been taken as confessed ; had they been, the verdict must have been for the defendant. Code of…
2Cited by2 opinions
- Daly v. Van BenthuysenSupreme Court of Louisiana · 1848
- Petway v. GoodinSupreme Court of Louisiana · 1846