Peoples' Bank v. Lemarie
Citations
- 106 La. 429
Syllabus
<p>Syllabus.</p> <p>1. Acceptance of guaranty. Notice of acceptance of guaranty may be waived by the form of the guaranty, or it may be Implied from the terms of the Instru ment. The waiver of acceptance finds support in the facts and circumstances of the case.</p> <p>2. Conditions to secure guaranty complied with hy plaintiff. Willingness to accept the guaranty and the acceptance Itself was made evident on the part of the plaintiff by complying with defendants’ proposal in postponing payments of overdrafts at the time due and paying others covered by the instrument of guaranty.</p> <p>i. Interest. The overdrafts covered by the instrument, and not the amount of the guaranty bore Interest.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- awarding $125,000 of compensatory damages because the plaintiff suffered from anxiety and sleeplessness for five years, and headaches, stomach aches, and a loss of self-esteem for three years
- ordering remit- titur of jury award for garden variety emotional distress to $125,000
- “Plaintiff’s vague and subjective complaints of insomnia, lower self-esteem, depression, anxiety, and stomach aches and headaches—unsupported by medical corroboration—establish no more than ‘garden variety’ emotional distress”
- seven years of mistreatment and award of $125,000
Source: CourtListener parenthetical corpus (CC0).
Judges: Been, Breaux, Down, Monroe, Provosty, Refused, Takes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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