Frey v. Fitzpatrick-Cromwell Co.

Citations

• 108 La. 125

Syllabus

<p>Syllabus.</p> <p>1. Where defendant in his answer admits part of the amount claimed by plaintiff is due, the latter may take judgment for the amount so admitted and prosecute his suit for the remainder.</p> <p>2. But where defendant, in the same answer, alleges that a legal tender of the admitted amount had been made to plaintiff on a certain day, which had been then refused, it is error to include in the judgment, so taken for the amount admitted, interest until paid.</p> <p>3. If a legal tender had been made of the-true amount due as alleged, defendant owed no interest thereafter.</p> <p>4. The error of taking the judgment against the Andrew Fitzpatrick-Cromwell Company, Limited, instead of the “Fitzpatrick-Cromwell Company, Limited, ’ the true name of defendant, is held not to vitiate the judgment, especially so since that was the name given the corporation by its counsel in the backTrTg or endorsement placed on their answer.</p>