Heirs Moran v. Societe Catholique D'Education Religieuse et Literaire de la Nouvelle Orleans

Citations

• 107 La. 286

Syllabus

<p>Syllabus.</p> <p>Plaintiffs, as heirs of their father, sue the defendant on a certificate of deposit-The defendant received a number of deposits; at the instance of the depositor, the account was changed from daughter to father at the latter’s request.</p> <p>.In the different transactions between the parties, a certificate remained uncalled for and was found among me father’s papers many years after his death.</p> <p>The testimony of the treasurers who kept the defendant’s books at different dates and the entries in the books to which they referred and swore, while testifying, as well as the utterances of at least one of the plaintiffs, before suit was brought, show that, owing to carelessness or oversight on the pact of defendant’s treasurer at the time, the receipt remained outstanding.</p> <p>The court holds that only one account was kept, and only one line of deposits, and not two, as contended by plaintiffs.</p> <p>xne sums carried on this account, as due to plaintiffs, have been paid, and the receipt they hold is without consideration.</p> <p>A bookkeeper may consult his books to refresh his memory and testify to fact» of which he has therein kept a record.</p> <p>The name of the depositor was not changed with the tiew of committing a wrong. The request of the one in whose name the deposits were credited, and the acquiescence of all concerned, leads the court to hold tha^ • change In name of the depositor was not made without the assent of ai? concerned.</p> <p>A witness is not absolutely discredited because he does not recall that he has signed a receipt representing a large balance. A witness’ testimony, if he is in good faith, may be unreliable as to a particular fact and not as to other facts.</p>