De Soto Securities Co. v. Sample

Louisiana Court of Appeal

De Soto Securities Co. v. Sample

160 So. 157, 1935 La. App. LEXIS 206

CourtLouisiana Court of Appeal

DecidedJanuary 1, 1935

DocketNo. 4982.

StatusPublished

This text of 160 So. 157 (De Soto Securities Co. v. Sample) 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

De Soto Securities Co. v. Sample, 160 So. 157, 1935 La. App. LEXIS 206 (La. Ct. App. 1935).

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Opinion

PER CURIAM.

In the original opinion in this case we stated that we could make no amendment of the judgment as to interest because plaintiffs had not answered the appeal requesting same. In this we were mistaken, as the record contains such an answer, praying that interest be allowed from November 29, 1932, instead *158 of from judicial demand. As the account was past due when assumed hy Sample on February 1, 1932, and as demand upon Sample was made hy Ford before the transfer to the Securities Company, November 29, 1932, plaintiff is clearly entitled to the amendment prayed for.

Our original opinion is accordingly corrected hy amending the judgment appealed from by allowing 5 per cent, per annum interest thereon from November 29, 3932, until paid, and, as amended, affirming same.

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PER CURIAM.

In the original opinion in this case we stated that we could make no amendment of the judgment as to interest because plaintiffs had not answered the appeal requesting same. In this we were mistaken, as the record contains such an answer, praying that interest be allowed from November 29, 1932, instead *158 of from judicial demand. As the account was past due when assumed hy Sample on February 1, 1932, and as demand upon Sample was made hy Ford before the transfer to the Securities Company, November 29, 1932, plaintiff is clearly entitled to the amendment prayed for.

Our original opinion is accordingly corrected hy amending the judgment appealed from by allowing 5 per cent, per annum interest thereon from November 29, 3932, until paid, and, as amended, affirming same.

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160 So. 157, 1935 La. App. LEXIS 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-soto-securities-co-v-sample-lactapp-1935.