Hancock v. Citizens' Bank
Supreme Court of Louisiana
APPEAL from the Superior District Court, parish of Orleans. Lynch, J. First — Compensation does not take between depositor and depositary, when the debt due by the depositor is on an account' distinct from the deposit. C. C. 2956 ; 7 An. 637 ; 3 An. 516 ; 12 An. 257 ; 23 An. 116 ; 11 An. 73 ; C. C. 2210. ¡Second — The claim of Defendant is not liquidated. It is for a sum alleged to have been paid in error, which Plaintiff denies.
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APPEAL from the Superior District Court, parish of Orleans. Lynch, J. First — Compensation does not take between depositor and depositary, when the debt due by the depositor is on an account' distinct from the deposit. C. C. 2956 ; 7 An. 637 ; 3 An. 516 ; 12 An. 257 ; 23 An. 116 ; 11 An. 73 ; C. C. 2210. ¡Second — The claim of Defendant is not liquidated. It is for a sum alleged to have been paid in error, which Plaintiff denies. Defendant must prove that he paid through error. C. C. 2302 ; C. P. 18. It is a disputed and unliquidated claim, which can, in. no case, be pleaded In compensation.…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
In 1869 the Plaintiff kept a deposit-account with the Citizens’ Bank. On the 8th of April in that year he carried his Bankbook to the Bank for the purpose of having the same balanced. It was balanced by the Bank, and a certain sum was carried forward to his credit as the result of the balancing. Eor this amount he drew to a point, and thus closed his account with the Bank ; and had no further dealings with it as a depositor until two years afterward, in 1871.
The Bank avers that about one month after the settlement of plaintiff’s account in…
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