G. W. Bayley & Co. v. Jeneven

Supreme Court of Louisiana

G. W. Bayley & Co. v. Jeneven

24 La. Ann. 288

CourtSupreme Court of Louisiana

DecidedApril 15, 1872

DocketNo. 2530

StatusPublished

This text of 24 La. Ann. 288 (G. W. Bayley & Co. v. Jeneven) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

G. W. Bayley & Co. v. Jeneven, 24 La. Ann. 288 (La. 1872).

Pincite

Opinion

Howe, J.

This is an action against a surety on a lease of a store in New Orleans. The deiendant pleaded the general issue and the special defense that he had been discharged by the refusal of tho plaintiff to deliver the imemises to the lessee. The court a qua gave judgment in favor of plaintiff and the defendant appealed.

The onus was on the defendant to establish his special defense by a preponderance of proof. A careful examination of the evidence has not satisfied us that he has done so, and we can not therefore perceive that the lower court erred in its decision.

Judgment affirmed.

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Howe, J.

This is an action against a surety on a lease of a store in New Orleans. The deiendant pleaded the general issue and the special defense that he had been discharged by the refusal of tho plaintiff to deliver the imemises to the lessee. The court a qua gave judgment in favor of plaintiff and the defendant appealed.

The onus was on the defendant to establish his special defense by a preponderance of proof. A careful examination of the evidence has not satisfied us that he has done so, and we can not therefore perceive that the lower court erred in its decision.

Judgment affirmed.

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Bluebook (online)

24 La. Ann. 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/g-w-bayley-co-v-jeneven-la-1872.