Demack Motors, Co. v. Hallick

Louisiana Court of Appeal

Demack Motors, Co. v. Hallick

119 So. 572, 10 La. App. 140, 1929 La. App. LEXIS 379

CourtLouisiana Court of Appeal

DecidedJanuary 21, 1929

DocketNo. 10,711

StatusPublished

This text of 119 So. 572 (Demack Motors, Co. v. Hallick) 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

Demack Motors, Co. v. Hallick, 119 So. 572, 10 La. App. 140, 1929 La. App. LEXIS 379 (La. Ct. App. 1929).

Pincite

Opinion

STATEMENT OF THE CASE.

GLEASON, J.

ad hoc. This is an action to recover from defendant, a married woman, a balance due on a promissory note signed by her, together with interest and attorney’s fees as stipulated in the act. The note was secured by a chattel mortgage on an automobile. Judgment was rendered in favor of plaintiff, and defendant appeals.

[141]*141OPINION.

The defense in this case is founded on the theory that, notwithstanding the note was made by the defendant individually, and that the automobile was purchased in her name, as a matter of fact and to the knowledge of the plaintiff, she was purchasing the machine for the account of the community; that, therefore, it is a community obligation.

There is nothing whatever in the record to support the defense. On the contrary, the record shows conclusively that the' automobile was purchased for the defendant for her own account, and the note was signed by her in her individual capacity. The husband was no party to the transaction whatever. She and her separate estate are, therefore, bound.

The judgment is correct and is affirmed, appellant to pay all costs.

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