Baird v. Livingston
Supreme Court of Louisiana
Appeal by the defendant from a judgment of the Commercial Court of New Orleans, Watts, J. The plaintiffs sue as the widow, and minor heirs of Charles Baird, deceased.
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Appeal by the defendant from a judgment of the Commercial Court of New Orleans, Watts, J. The plaintiffs sue as the widow, and minor heirs of Charles Baird, deceased. They allege that the defendant is indebted to the latter in the sum of fourteen hundred dollars, for services as an overseer, rendered in the year 1819. The defendant having sold certain property to Edward E. Parker, took from him a transfer of a debt due from one Parkins, for four thousand and fifty dollars, payable on the 1st of March, 1820. To settle the claim of Baird, and at the same time a debt which he owed to Samuel…
1Opinion of the CourtBullard, J.
The history of the, present controversy may be learned by referring to the case of the same plaintiffs, against Parker, (4 La.,) in which they sought to recover of Parker, the assignee of Elkins, upon the order given by Livingston to the agent of Baird, their ancestor. Having failed in that action, they instituted the present suit against Livingston, relying upon the order given by him, or delegation of a part of the debt due by Parkins, as evidence of an existing debt still due to them.
The order itself is not produced, but we think was sufficiently accounted for. It seems to us clear from…
2Cited by2 opinions
- Forster v. Cumberland Valley RailroadSupreme Court of Pennsylvania · 1854
- Gillet v. RachalSupreme Court of Louisiana · 1844