Reports of Cases Argued and Determined in the Supreme Court of Louisiana, Volume 2E. Johns & Company, 1843 - Law reports, digests, etc |
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action alleged amount appeal appellee applied authority avers Bank Bank of Louisiana Benoist bill of exceptions boat bond bound BULLARD Cauchois Civil Code claim Code of Practice commendam Commercial Court Company conseil de famille contract counsel Court of Probates creditors damages debt defendant demand District Court dollars domicil draft endorsed entitled evidence execution executors favor Gallier garnishees ground heirs homologated Hozey husband injunction insolvent Insurance interest Jonau Joshua Cox judge Judgment affirmed jury land latter laws of France legatees Louisiana Mart ment minor MORPHY mortgage notary opinion order of seizure Orleans owner paid Parish Court parties payable payment petition petitioner plaintiff possession prayed privilege proceedings proved purchase recover rendered rule says sheriff slaves sold subrogated succession sued suit sureties syndic tableau testator testimony third persons tiffs tion tract trial tutor usurious witness
Popular passages
Page 298 - and that full faith and credit are due to all his official acts. In testimony whereof, I have caused the great seal of the State to be hereunto affixed. Given under my hand, at the city of Jackson, this
Page 482 - To the extent, and in the manner, and under the circumstances pointed out in his obligation, he is bound, and no farther. It is not sufficient that he may sustain no injury by the change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract.
Page 505 - But there is an exception to the rule, as to the universal validity of contracts, which is, that no nation is bound to recognize or enforce any contracts, which are injurious to its own interest, or to those of its own subjects. Huberus has expressed it in the following terms
Page 262 - where a native of Scotland, domiciled in England, having personal property only, executed, during a visit to Scotland and deposited a will there, prepared in the Scotch form, and died in England, it was held that the will was to be construed according to the English law.
Page 173 - for legal interest only, then it must be proved that there was some corrupt agreement, or device, or shift, to cover usury; and that it was in the full contemplation of the parties. These distinctions are laid down and recognized so early as the cases of Button v. Downham, Cro. Eliz. 642
Page 505 - and Mr. Justice Martin still more clearly, in saying, that the exception applies to cases in which the contract is immoral or unjust, or in which the enforcing it in a State would be injurious to the rights, the interest, or the convenience of such State or its citizens.
Page 39 - that every contract shall be deemed to have been made in fraud of creditors, when the obligee knew that the obligor was in insolvent circumstances, and when such contract gives to the obligee, if he be a creditor, any advantage over other creditors of the obligor.
Page 173 - Where, indeed, the contract upon its very face imports usury, as by an express reservation of more than legal interest, there is no room for presumption ; for the intent is apparent; res ipsa loquitur. But where the contract
Page 81 - exempting the tools and instruments necessary for the exercise of the trade or profession of the debtor from seizure, was intended to encourage such useful trades and professions, by enabling the debtor to sustain himself and family by his own
Page 529 - An act of incorporation may be forfeited by misuse or abuse. It is a tacit condition of such a grant, that the grantees shall act up to the end or design for which they were incorporated ; and where they do not, the rights and privileges granted may