Small v. Zacharie
Supreme Court of Louisiana
Appeal from the City Court of New Orleans, Collins, J. The defendants, who were sued on their promissory note for $989,88, with costs of protest, and interest at five per cent, from its maturity, alleged a failure of consideration as to a part of the note, and represented “ that they tendered to plaintiff about, or at the maturity of said note, the sum of $539,88, being all that in justice they were bound to pay, but that the said plaintiff refused to accept the same.”
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Appeal from the City Court of New Orleans, Collins, J. The defendants, who were sued on their promissory note for $989,88, with costs of protest, and interest at five per cent, from its maturity, alleged a failure of consideration as to a part of the note, and represented “ that they tendered to plaintiff about, or at the maturity of said note, the sum of $539,88, being all that in justice they were bound to pay, but that the said plaintiff refused to accept the same.” On motion of the counsel for the plaintiff, judgment was rendered below, without trial, for the $539,88 admitted to be due,…
1Opinion of the CourtSimon, J.
The defendants are appellants from a judgment condemning them to pay a part of the plaintiff’s claims, founded on a promissory note of the amount of $989,88, on which they allege that they owe only the sum of $539,88, which, they say is all that in justice they are bound to pay to the plaintiff, to whom they tendered said amount about, or at the maturity of the note sued on. The balance of the note is disputed on divers grounds set up in the defendants’ answer, going to show a want or failure of consideration for the same to the amount of $450.
Judgment was rendered below for the sum…
2Cited by3 opinions
- Hennington v. Petroleum Heat & Power Co.Supreme Court of Louisiana · 1940
- Barry v. KimballSupreme Court of Louisiana · 1855
- Gentile v. SchliederLouisiana Court of Appeal · 1905