Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 67

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 67

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 edition. Excerpt: ... to that firm. On the death of Hazard, his interest in the assets of the firm of SI: ipu'ith, Hazard d Co., descended to, and became vested in his heirs at law, and the plaintiffs, as surviving partners, could only have acquired that interest by transfer or assignment from the heirs, and thereby have acquired a right to sue for the debt in their own name. And whether they have succeeded to the interest of Hazard in the firm, is not a question of capacity to sue, but a question of title or right to the debt; and the general denial pleaded by the defendant imposed upon them the burden of proving the title or right to the debt, as alleged in their petition. The payment which the plaintiffs made to Hadden, was not a payment to the heirs of Hazard, for the step-father is not an heir at law to the step-son; and unless Hadden had authority (which does not appear) from the heirs of Hazard to receive the payment shown by the evidence, the payment itself was invalid, and not binding upon the heirs. 'l'hc fact that the defendant sent to the plaintiffs a draft for a debt due by Hazard dl; Lea to Skz'pwi1h, Hazard & Co., does not estop him from denying plaintiffs' title to the interest of Hazard in the last mentioned firm. It is, therefore, ordered, adjudged and-decreed, that the judgment of the lower court be avoided and reversed; and it is now ordered, adjudged and decreed, that there be judgment in favor of the defendant as in case of nonsuit, with costs in both courts. A livery stable keeper who rents stalls to another, who finds his own employee, and provender for his horses, is not liable if the latter be lost or stolen. PPEAL from the District Court of the Parish of Iberville, Avery. J. A Samuel Matthews, for plaintill." Z....show more

Product details

  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236827554
  • 9781236827555