Antoine v. Smith
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Oileans. Voorhies, J. A compromise may be set aside under the civil law, unless founded on a doubtful light. 28 Laurent, Nos. 324-5 ; í) NTarcadé, Nos. 471, 568-9; 18 Duranton, Nos. 395-8 ; 3 Aubry & Baa, p. 476 (E.); 3 Mourlon, N. 1170; Bomat, vol. 3, p. 10. No. 1. The rule is the same as common law. Stapleton vs. Stapleton, 1 Atkyns 10; Broderick vs. Broderick, 1P. ¥m. 241; Lucy’s Case, Be Gr.
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APPEAL from the Civil District Court for the Parish of Oileans. Voorhies, J. A compromise may be set aside under the civil law, unless founded on a doubtful light. 28 Laurent, Nos. 324-5 ; í) NTarcadé, Nos. 471, 568-9; 18 Duranton, Nos. 395-8 ; 3 Aubry & Baa, p. 476 (E.); 3 Mourlon, N. 1170; Bomat, vol. 3, p. 10. No. 1. The rule is the same as common law. Stapleton vs. Stapleton, 1 Atkyns 10; Broderick vs. Broderick, 1P. ¥m. 241; Lucy’s Case, Be Gr. McH, & Gr. 364; Ex-parte Banner, 17Ch. Biv. 488; Wheeler vs, Smith, 9 H. 82. An agent is not permitted to deal with the principal unless there be…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins, J.
This suit is for the recovery of two hundred shares of the capital stock of the Louisiana State Lottery Company from the defendants.
The claim of the plaintiff is that, on the 26th of October, 1874, he transferred, on the books of the company, said shares of stock to D. D. Smith, without consideration; and that said transfer was made upon the friendly advice of one George L. Smith, who suggested to him that, being engaged in politics, and necessarily absent from the city a large portion of the time, he would be unable to manage the stock to…
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