Howard v. Branner

Supreme Court of Louisiana

Howard v. Branner

23 La. Ann. 369

CourtSupreme Court of Louisiana

DecidedMay 15, 1871

DocketNo. 2367

StatusPublished

This text of 23 La. Ann. 369 (Howard v. Branner) 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

Howard v. Branner, 23 La. Ann. 369 (La. 1871).

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Opinion

Howe, J.

Suit on a promissory note made by defendant. Defense, a general denial, want of consideration and misrepresentation by plaintiffs. Judgment for plaintiffs -and appeal by defendant.

The defense does not appear to be established by tbe evidence, but wo think there is a small error in the judgment in giving interest upon the note at the rate of six per cent, per annum, according to the law of Tennessee. It is true the note was dated in Tennessee, but it was by its terms made payable in New Orleans. In tbe absence, therefore, of any express stipulation as to the rate of interest, the rate is determined by the law of Louisiana. 13 L. 92; 8 N. S. 34.

It is therefore ordered that the judgment appealed from be amended by reducing the rate of interest therein provided to five per cent, per annum; that, as thus amended, the judgment be affirmed, and that plaintiffs pay costs of appeal.

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Howe, J.

Suit on a promissory note made by defendant. Defense, a general denial, want of consideration and misrepresentation by plaintiffs. Judgment for plaintiffs -and appeal by defendant.

The defense does not appear to be established by tbe evidence, but wo think there is a small error in the judgment in giving interest upon the note at the rate of six per cent, per annum, according to the law of Tennessee. It is true the note was dated in Tennessee, but it was by its terms made payable in New Orleans. In tbe absence, therefore, of any express stipulation as to the rate of interest, the rate is determined by the law of Louisiana. 13 L. 92; 8 N. S. 34.

It is therefore ordered that the judgment appealed from be amended by reducing the rate of interest therein provided to five per cent, per annum; that, as thus amended, the judgment be affirmed, and that plaintiffs pay costs of appeal.

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Bluebook (online)

23 La. Ann. 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-branner-la-1871.