Glennon v. Vatter

Citations

• 109 La. 942
• 33 So. 930
• 1903 La. LEXIS 453

Syllabus

<p>PAYMENT IN ERROR — RECOVERY — ACCOUNTING — INTEREST—REOPENING.</p> <p>1. Defendant was a creditor of plaintiff. From time to time he received partial payments from the plaintiff on his claim. He gave plaintiff credit for every cent he received on account, and the amounts paid each year were credited.</p> <p>2. An amount of $500, made the main basis for charges by plaintiffs against defendant, is shown by the preponderance of testimony as not being an amount for which defendant should be made to account.</p> <p>3. The transactions were entered into more than 10 years prior to a final settlement between the parties.</p> <p>4. Prior to the final settlement, two agreements were arrived at of different dates, and each was made the basis of an authentic receipt, now considered final.</p> <p>5. With reference to the calculation of the interest and the date from which credit should have been given, the acts and circumstances preclude the possibility of reopening calculations made at the time, which have every appearance of having done substantial justice between the parties, and which were accepted by them.</p> <p>(Syllabus by the Court.)</p>