Sharp v. McBride
Supreme Court of Louisiana
Appeal from Twentieth Judicial District Court, Parish of Terrebonne; R. B. Butler, Judge ad hoc. Action by William B. Sharp against James M. McBride. From a judgment for plaintiff, defendant appeals.
1Opinion
On the Merits- — The Onus of Proof.
[2] As to -where the onus of proof lies is the next question for our consideration. It *255rests with the defendant. It is true that the burden was on the plaintiff to prove what the contract contained and the essentials 'for recovering judgment. But plaintiff was entitled to 10 per cent, of the profits after deducting expenses. Those expenses made .by the defendant, of which he kept a record, it devolved upon him to prove. They were the defendant’s account, the correctness of which it devolved upon him. He kept books and had knowledge of the facts. The one who…
2Cases cited6 opinions
- Carrere v. AucoinSupreme Court of Louisiana · 1908
- Leon v. BouilletSupreme Court of Louisiana · 1869
- New Orleans Canal & Banking Co. v. TannerSupreme Court of Louisiana · 1874
- Succession of McCalopSupreme Court of Louisiana · 1855
- Carrere v. AucoinSupreme Court of Louisiana · 1910
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