Young v. Guess & Swanson

Citations

• 115 La. 230
• 38 So. 975
• 1905 La. LEXIS 649

Syllabus

<p>SEQUESTRATION — GROUNDS — PLEADING — AMENDMENT — EVIDENCE—SALES.</p> <p>1. The action was on a promissory note. A sequestration was issued.</p> <p>On Motion to Dissolve the Sequestration.</p> <p>The defendants had a valid defense to urge at the maturity of the note. All the amounts previously due had been paid. Defendants, when called upon to settle the comparatively small amount, mentioned their grounds of defense for declining to pay. Their creditors immediately resorted to the law, which they invoked to compel payment, and not to protect their privilege.</p> <p>On the Bills of Exception.</p> <p>This case is stronger for defendants than were Yives v. Robertson, 26 South. 756, 52 La. Ann. 11; Lowden v. Robertson, Jr., 5 South. 405, 40 La. Ann. 825; American Furniture Go. v. Grant-Jung Furniture Go., Ltd., 24 South. 182, 50 La. Ann. 931; Boimare v. St. Geme (La. No. 15,119, docket Supreme Court) 113 La. 898, 37 South. 869; Pierce v. Sturdivant, 32 South. 530, 108 La. 558.</p> <p>In the last case it was held ,that the doings and sayings of the debtor was to be considered. Here the debtors were not doing or saying anything to create apprehension.</p> <p>Sequestration dissolved.</p> <p>On the Merits.</p> <p>2. The court’s discretion exercised in allowing amendments prior to opening the case for trial are not cause for complaint if pleas were not inconsistent with those previously pleaded.</p> <p>' 3. Parol evidence is admissible to explain and ascertain subject-matter of written testimony.</p> <p>4. The seller should deliver all he promises to deliver.</p> <p>CSyllabus by the Court.!</p>