Phillips v. Fulton's Heirs

Supreme Court of Louisiana

Phillips v. Fulton's Heirs

5 Mart. 241

DecidedSeptember 15, 1819

StatusPublished

This text of 5 Mart. 241 (Phillips v. Fulton's Heirs) 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

Phillips v. Fulton's Heirs, 5 Mart. 241 (La. 1819).

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Opinion

Martin, J.

delivered the opinion of the court, No circumstance distinguishes this case from that of Phillips vs. Curtis just decided, ante, 237.

The defendants’ money having been in the hands of the person, who was authorised to receive what they owed to the estate of the late A. Phillips, the payee had a right to retain it; and the payors could not reclaim it: so the debt was ipso facto extinguished.

It is, therefore, ordered, adjudged and decreed, that the judgment of the district court be affirmed with costs.

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Martin, J.

delivered the opinion of the court, No circumstance distinguishes this case from that of Phillips vs. Curtis just decided, ante, 237.

The defendants’ money having been in the hands of the person, who was authorised to receive what they owed to the estate of the late A. Phillips, the payee had a right to retain it; and the payors could not reclaim it: so the debt was ipso facto extinguished.

It is, therefore, ordered, adjudged and decreed, that the judgment of the district court be affirmed with costs.

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Bluebook (online)

5 Mart. 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-fultons-heirs-la-1819.