(Download) "Robert Ruffin Barrow, Plaintiff in Error v. Josiah Reab" by United States Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Robert Ruffin Barrow, Plaintiff in Error v. Josiah Reab
- Author : United States Supreme Court
- Release Date : January 01, 1850
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Mr. Downs, for the plaintiff in error, contended that the judge erred in his charge to the jury, in this: that in stating what was requisite to make the demand in writing a good one, under the 1905th article of the Louisiana Code, he ought to have informed the jury, among other things, that they must be satisfied that, when the demand was made, a proper tender of the price was also made; for this is a necessary and an essential part of a legal demand, so as to put a party in default or delay, to entitle the plaintiff to recover. This the judge did not do, as the bill of exceptions shows. The Louisiana Code requires this formality, as has been frequently decided by the Supreme Court of Louisiana. La. Code, art. 1905 et seq.; 11 La. Rep. 77, 101. II. The court also erred (and this question is submitted as an error apparent on the face of the record) in giving judgment for interest on a demand for damages. Interest can be allowed by the laws of Louisiana only on a liquidated demand, and not on a claim for damages. 4 Martin, 620; 2 La. Rep. 580; 4 La. Rep. 129-140; 8 La. Rep. 572.
 "Robert Ruffin Barrow, Plaintiff in Error v. Josiah Reab" by United States Supreme Court " eBook PDF Kindle ePub Free){kind=link}