Langridge v. Dauenhauer

Citations

• 120 La. 450
• 45 So. 387
• 1908 La. LEXIS 526

Syllabus

<p>Payment — Primary Elections — Expenses.</p> <p>The spirit of the law providing for primary elections is to encourage the multiplication of worthy candidates for nomination to public office, in order that the body of voters constituting a political party, or constituting the electorate at large may have the benefit of a choice, and not be compelled to accept candidates chosen by the minority, or thrust upon them in some other way. When, therefore, with that purpose in view, the law provides that those presenting themselves for approval, by means of a “primary,” shall pay the sums assessed against them to defray “actual expenses,” there is no reason to suppose that it is intended that such payments shall be made otherwise than as payments are usually made; that is to say, in lawful money, or, by checks, payable in lawful money, and which, when honored, constitute payments, as of the dates upon which they were given. The court is not here concerned with the case of a check that was not paid on presentation, or that would not have been paid if presented when given and received, and the questions which might arise from that situation are left to be determined when presented.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 39, Payment, § 87.]</p> <p>(Syllabus by the Court.)</p>