Redman v. Murrel

Citations

• 117 La. 516
• 42 So. 49
• 1906 La. LEXIS 727

Syllabus

<p>1. Execution — Injunction — Burden oe Proof.</p> <p>Where an injunction is taken against the enforcement of payment by executory process of notes bearing on their face 8 per cent, interest from date, payable annually and payable at a particular bank, on the ground that the holder 'of the notes has agreed to the reduction of the rate of interest of 6% per cent, the burden of proof is thrown upon the plaintiffs in injunction to establish the agreement and its precise terms. ,</p> <p>2. Tender — Place and Time.</p> <p>Where the holder has consented to a reduction of interest should the notes and interest be promptly paid on or before their maturity, it is the duty of the debtor to so tender payment. The tender must be made at the bank specified in the notes as that at which they were to be paid unless it should be affirmatively established that the holder had set at large the place of payment.</p> <p>[Ed. Note. — For cases in point, see vol. 45, Cent. Dig. Tender, §§ 11-19.]</p> <p>3. Same — Provisions of Note — Waiver.</p> <p>The holder of the notes did not, under the facts of this case, waive his right to have tender of payment of the notes and interest made at the bank named in the notes.</p> <p>4.- Tender— Sufficiency.</p> <p>Even had the holder consented to receive payment elsewhere than at the bank named the tenders claimed to have been made were not such as to meet the legal requirements of the situation.</p> <p>Breaux, O. J. dissenting.</p> <p>(Syllabus by the Court.)</p>