Clements v. Kelly

Louisiana Court of Appeal

Clements v. Kelly

6 Teiss. 333, 1909 La. App. LEXIS 106

CourtLouisiana Court of Appeal

DecidedMay 17, 1909

DocketNo. 4667

StatusPublished

This text of 6 Teiss. 333 (Clements v. Kelly) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clements v. Kelly, 6 Teiss. 333, 1909 La. App. LEXIS 106 (La. Ct. App. 1909).

Pincite

Opinion

DUFOUR, J.

To this suit on a note signed by Kelly and -endorsed by Howard and Ganther, the defendants plead want of consideration.

Ganther was building a boat which stood in the name of Kelly and Howard was the manager; Clement, in order to assist them, made them a friendly loan of $200.

Later on, being in need of money, he called on them for the amount and received in lieu of money the note in controversy.

Irrespective of the technical ownership of the boat, it is clear that the defendants had sufficient interest to afford consideration for the note. It is clear that if they had had money at the time, they would have paid Clement outright.

In point of fact they did promise to do so as soon as they collected money from certain quarters and no question of non-liability was raised.

The defence fails.

Affirmed.

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