Wood v. Wood

Louisiana Court of Appeal

Wood v. Wood

1 Gunby 16

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 16 (Wood v. Wood) 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

Wood v. Wood, 1 Gunby 16 (La. Ct. App. 1885).

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Opinion

F. P. Stubbs, J.,

ad hoc. Defendant has no right to attack the title of plaintiffs to the notes sued on, which are payable to bearer, unless he allege and show defenses against the’true owner. 19 An. 182; 27 An. 642.

Where defendant owed two outstanding mortgage notes, and plaintiffs, at his request, took up said notes and extended the time of payment in consideration of fifteen per cent, on the amount paid therefor, held : Such a contract is not usurious, it being well settled that extension of time on a matured obligation is a good consideration for a new note. 26 An. 33; 27 An. 538.

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F. P. Stubbs, J.,

ad hoc. Defendant has no right to attack the title of plaintiffs to the notes sued on, which are payable to bearer, unless he allege and show defenses against the’true owner. 19 An. 182; 27 An. 642.

Where defendant owed two outstanding mortgage notes, and plaintiffs, at his request, took up said notes and extended the time of payment in consideration of fifteen per cent, on the amount paid therefor, held : Such a contract is not usurious, it being well settled that extension of time on a matured obligation is a good consideration for a new note. 26 An. 33; 27 An. 538.

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Bluebook (online)

1 Gunby 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-wood-lactapp-1885.