Cannon v. Vaughn Lumber Co.

Citations

• 52 La. Ann. 757

Syllabus

<p>Syllabus.</p> <p>1. Where a debtor takes up one of a series of notes in the course of commercial business between the parties, by credits appearing in his favor on account of consignments made to the creditor and without reference to the indebtedness as a whole and without intention of affecting his previously reserved right to the correction of errors in the account, to close which the notes were given, it cannot be successfully urged against him that this is such an acknowledgement of the entire indebtedness as represented by the notes as precludes later inquiry into the correctness of items on the original account.</p> <p>2. A party who, with the intention of buying for himself, negotiates and effects a purchase of timber, but causes the bill of sale therefor to be executed to another from whom he obtains the funds with which to pay for the timber, can not afterwards be heard to shift his position, assert the timber to be that of the creditor and to claim that he (the debtor) owes only for as much thereof as he has actually used.</p>