J. B. Colt Co. v. Willhite

Louisiana Court of Appeal

J. B. Colt Co. v. Willhite

5 La. App. 151, 1926 La. App. LEXIS 501

CourtLouisiana Court of Appeal

DecidedDecember 11, 1926

DocketNo. 2809

StatusPublished

This text of 5 La. App. 151 (J. B. Colt Co. v. Willhite) 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

J. B. Colt Co. v. Willhite, 5 La. App. 151, 1926 La. App. LEXIS 501 (La. Ct. App. 1926).

Pincite

Opinion

STATEMENT OF THE CASE.

REYNOLDS, J.

This is a suit on a promissory note alleged to have been lost.

Defendant admits signing the note and pleads payment.

On these issues the case was tried and there was judgment for defendant and plaintiff appealed.

OPINION..

In this case plaintiff sues upon a promissory note and claims to have lost it. Defendant swears postively that he paid the note in full and received it back from plaintiff through the United States mail marked “paid”. He is corroborated in this statement by his brother, John, who testifies that he was with defendant at the time he got his mail out of the mail box and that he remembers the entire transaction.

The trial judge who saw the witnesses and heard theih testify gave judgment in [152]*152favor of the defendant. We think his judginent is ■ correct and it is - therefore affirmed.

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