Upton v. Adeline Sugar Factory Co.

Citations

• 109 La. 670
• 33 So. 725
• 1903 La. LEXIS 421

Syllabus

<p>SUSPENSIVE APPEAL — COMPROMISE AND SETTLEMENT-PAROL AGREEMENT — PA- . ROL EVIDENCE.</p> <p>On Motion to Dismiss.</p> <p>1. An order of court granting a suspensive appeal, without any step toward completing the appeal, does .not operate as a suspensive appeal.</p> <p>On the Merits.</p> <p>2. A person who agrees to settlements, and executes notes under circumstances which evidence relinquishment of antecedent claims against the payee, unless the waiver is explained as not including the prior claim, is concluded from recovering upon it.</p> <p>3. Two persons who are, respectively, creditor and debtor one of the other, may extinguish their claims without the necessity, in order to make the settlement and extinguishment binding, of reducing' the agreement to writing.</p> <p>4. There was no agreement to submit claims to arbitration. The parties settled between themselves. Parol evidence to show the settlement was admissible.</p> <p>5. Plaintiff some time after the agreement owned, by letter addressed to defendant, that an exchange had been made, by which he had abandoned or “exchanged” his claim for the claim defendant held against him.</p> <p>(Syllabus by the Court.)</p>