Saul v. Nicolet's Executors
Supreme Court of Louisiana
APPEAL PROM THE COURT OP PROBATES, POR THE PARISH AND CITY OP NEW-ORLEANS. This is an action against the executors of the late Theodore Nicolet, for the balance due of the price of five hundred shares of Gas Light Bank stock, sold by J. A. Merle & Co., as agents of the plaintiff, It is shown that on the 15th December, 1836, the plaintiff, through his said agent, sold to Nicolet & Co. said bank stock, and took their notes, payable at sixty and ninety days, for the price.
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APPEAL PROM THE COURT OP PROBATES, POR THE PARISH AND CITY OP NEW-ORLEANS. This is an action against the executors of the late Theodore Nicolet, for the balance due of the price of five hundred shares of Gas Light Bank stock, sold by J. A. Merle & Co., as agents of the plaintiff, It is shown that on the 15th December, 1836, the plaintiff, through his said agent, sold to Nicolet & Co. said bank stock, and took their notes, payable at sixty and ninety days, for the price. When these notes became due, there were partial payments made, and they were renewed for the balance several times, with J.…
1Opinion of the CourtBullard, J.
The plaintiff claims of the estate of Nicolet a balance due upon the price of five hundred shares of bank slock, sold by his agent, J. A. Merle & Co., to Theodore Nicolet, deceased, with the privilege of vendor upon four hundred shares of the slock still remaining in possession of his executor. The *248executor and the attorney of absent heirs answer by a general denial. The plaintiff had judgment according to the prayer of his petition, and the executor appealed.
The mere renewal of notes with an endorser and making partial payments, does not operate a novation, nor deprive the vendor of his…
2Cases cited1 opinion
- Brown v. ComptonSupreme Court of Louisiana · 1821
3Cited by4 opinions
- Holton & Winn v. John A. Hubbard & Co.Supreme Court of Louisiana · 1897
- Justice v. CaballeroLouisiana Court of Appeal · 1981
- Gillet v. RachalSupreme Court of Louisiana · 1844
- King v. BowmanSupreme Court of Louisiana · 1872