· 11/15/1900

Chadwick v. Menard Bros.

Citations

104 La. 38

Syllabus

Syllabus. By Statute enacted in 1856, relative to rate oí interest, only the “owner” or “discounter” was authorized to capitalize interest at more than 8 per cent. This statute was interpreted to refer only to the discount of notes, bonds, and other similar paper. By Act of 1860, also relative to the rate of interest, the “owner” is permitted to exact a larger rate of interest than 8 per cent, when the interest is capitalized; and, in construing the statute, the rate was not limited to the “discounter.” The statute includes “owner” as well as “discounter.” Bank vs. Regan, 40th A. 17. The prescription of twelve months, when pleaded, is a bar to an action for the repetition of usurious interest. On Reheabing. Delay of payment of a loan, obtained for a price in excess of conventional rate of interest, is held to be without legal consideration, it not being a part of a written agreement covering principal and interest capitalized.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

finding that the employer “routinely inspected the plaintiffs’ work and would dock their pay if the job was not up to [the employer’s] standards.”
noting that defendants could terminate plaintiffs’ contract for any reason and included a non-compete clause that limited the plaintiffs' ability to pursue similar work for six months after their relationship ended
finding employee status where plaintiffs were required to work six days a week, could not refuse an assignment without fear of discipline, and were often denied time off.
“Although 17 [defendant] testified that the plaintiffs could work for other companies if they chose, the plaintiffs were expected to work full days….”

Source: CourtListener parenthetical corpus (CC0).

Judges: Breaux, Decree, Monroe

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