Franz v. N. O. Coffee Co.

Louisiana Court of Appeal

Franz v. N. O. Coffee Co.

8 La. App. 445, 1928 La. App. LEXIS 134

CourtLouisiana Court of Appeal

DecidedJune 18, 1928

DocketNo. 10,179

StatusPublished

Cited by3 cases

This text of 8 La. App. 445 (Franz v. N. O. Coffee Co.) 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

Franz v. N. O. Coffee Co., 8 La. App. 445, 1928 La. App. LEXIS 134 (La. Ct. App. 1928).

Pincite

Opinion

WESTERFIELD, J.

Plaintiff sued for $470.36 as damages alleged to be due him as a result of a collision between his automobile and one belonging to defendant.

The examination of the first witness placed upon the stand by plaintiff disclosed the fact that plaintiff had been paid all of his alleged damages except $99.00 by an insurance company, whereupon the judge maintained an exception of no 'cause of action as to the amount paid and dismissed the suit for the remaining $99.00, because of the lack of jurisdiction.

The judgment appealed from is clearly erroneous.

Hanton, et al., vs. New Orleans and Carrollton R. L. and P. Company, 124 La. 562, 50 So. 544; Griffith vs. Keller, 147 La. 540, 85 So. 233; Smith vs. Richland Compress & Warehouse Company, 153 La. 820, 96 So. 668; First National Bank of Miami vs. Jefferson Construction Company, 162 La. 47, 110 So. 84; Hennican vs. Woodman, 1 La. App. 281; Hendren vs. Crescent City S. & M. Water Company, 1 La. App. 625.

The judgment appealed from is reversed and the cause remanded for further proceedings according to law and the views herein expressed.

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