Brinkhaus v. Pavy

Citations

• 51 La. Ann. 1327
• 26 So. 176
• 1899 La. LEXIS 570

Syllabus

<p>Syllabus.</p> <p>1. Novation. — Plaintiffs did not novate their claim by accepting a second mortgage, which included the balance due them on a first mortgage. They continued to hold possession of the notes secured by the first mortgage.</p> <p>2. The onus of proof was with the debtor to sustain the plea that they retained these notes without right. The proof fails to sustain the contention of defendant on this point.</p> <p>S. Imputation op Payment. — Plaintiffs stipulated in their mortgage that they would have the right to.impute payment as they chose. This stipulation is binding, but it did not enable plaintiffs to increase the amount due on the first note at the time the second mortgage was given.</p>