No. 2663 Precedential Processed

Duncan v. Helm

Louisiana Supreme Court · Filed May 15, 1870 · 22 La. Ann. 418

Also decided on this docket: La. Ct. App. 3d Cir., April 8, 1969 221 So. 2d 602; La. Ct. App. 1st Cir., June 5, 1967 199 So. 2d 538; La. Ct. App. 1st Cir., June 2, 1926 4 La. App. 381

Cited by

Hamilton Co. v. Medical Arts Building Co. 135 So. 94 La. Ct. App. 1st Cir. 1931
Huntington v. Westerfield 44 So. 317 La. 1907
De La Vergne Refrigerating Machine Co. v. New Orleans & Western Railroad 26 So. 455 La. 1899

Opinion text

Howe, J., dissenting. I am unable to concur in that portion of this decree which gives judgment on the reconventional demand. It seems to me that the amount paid for usury should be deemed to have been pro rata on each note, and that all that the defendant can now recover is the amount of interest thus paid by him within twelve months prior to the date of the filing of the reconventional demand. Rehearing refused.