M'Donough v. Winchester
Supreme Court of Louisiana
Appeal from the court of the second district, the judge of the fourth presiding. This suit was instituted on the 13th May, 1828, to recover from the defendant the amount of his promissory note.
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Appeal from the court of the second district, the judge of the fourth presiding. This suit was instituted on the 13th May, 1828, to recover from the defendant the amount of his promissory note. The plaintiff introduced in evidence the note and protest; also a letter of defendant dated 10th October, 1825, proposing to plaintiff to renew the note; one half payable in the month of December, 1827, and the other half in December, 1828, bearing an interest of 8 per cent, per annum. The defendant introduced no evidence, and judgment was rendered in favor ofplaintifffur the amount of the note, with…
1Opinion of the Court
Martin J.
delivered the opinion of the court. The defendant and appellant complains of the judgment by which interest at 8 per cent was allowed on the note sued on.
It appears from a letter of the defendant, that he proposed to renew the note sued on, by two others, each for one half of the capital, payable in December 1827 and 1828, *190bearing interest at the rate of eight per cent, a year. There is no evidence that this proposition was accepted or rejected — but it appears the present suit is brought on the note proposed to be renewed.
A proposition does not become an agreement tiil the party to…
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