Passano v. Acosta
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST DISTRICT.. This suit was brought to recover the amount of a promissory note, which the plaintiff alleged he placed in the hands of the defendant (his attorney in fact), for collection, and for tbe proceeds of which the latter refused to account.
Read the full summary
APPEAL FROM THE COURT OF THE FIRST DISTRICT.. This suit was brought to recover the amount of a promissory note, which the plaintiff alleged he placed in the hands of the defendant (his attorney in fact), for collection, and for tbe proceeds of which the latter refused to account. The answer admitted, that the defendant, acting under a power of attorney from the plaintiff, received from the drawer a new note in lieu of the one placed by the plaintiff in his hands for collection, which last mentioned note he handed to the plaintiff, who made no objections to the arrangement. The written power…
1Opinion of the Court
Porter, J-,
delivered the opinion of the court.
The petition states, that the plaintiff placed in the hands of the defendant, a note for collection executed by one Francis Gaggino, and that the defendant, though often requested, has refused to return the note, or pay its amount.
The answer admits the agency, but aifirms that the defendant has handed over to the plaintiff a note of the said Gaggino, payable to the defendant, not yet due, and which note the defendant had received in payment of that mentioned in the petition, in pursuance of the power vested in him by the plaintiff.
There was…
2Cited by3 opinions
- Fry v. Dudley & NelsonSupreme Court of Louisiana · 1868
- Kirkby v. ArmisteadSupreme Court of Louisiana · 1845
- Thompson v. LevyLouisiana Court of Appeal · 1915