No. 4501 Precedential Remanded Processed

Adams v. Webster

Louisiana Supreme Court · Filed February 15, 1873 · 25 La. Ann. 117

Also decided on this docket: La. Ct. App. 3d Cir., July 1, 1974 293 So. 2d 918; La. Ct. App. 4th Cir., November 21, 1972 268 So. 2d 274; La. Ct. App. 1st Cir., November 19, 1957 98 So. 2d 835

Cited by

Dugas v. Lewis-Chambers Const. Co. 185 So. 59 La. Ct. App. 1st Cir. 1938
Davidson v. Baker Fuel Oil Burner Co. 134 So. 108 La. Ct. App. 1st Cir. 1931
P. P. Williams & Co. v. Roach 125 So. 465 La. Ct. App. 1st Cir. 1929

Opinion text

Howell, J. The plaintiff, as assignee of one J. F. Thompson, sues the defendant on an open account, and the only question now before us, as stated by plaintiff’s counsel is, should or not the evidence, offered by defendant to prove his claim in compensation and reconvention be admitted 9 We think it should. Thompson could transfer to Adams only such rights as he possessed, and if it be true, as alleged by the defendant, that he had deposited with Thompson a large sum of money before the transfer to Adams, which has not been accounted for, the defendant did not owe Thompson the amount set out in the account sued on. In other words, compensation took place, and the defendant should, under the pleadings, have the opportunity to show it. It is therefore ordered that the judgment appealed from be reversed, and that this cause be remanded to the lower court with instructions to the judge thereof to admit evidence to establish the plea of compensation, and to be proceeded in according to law. Appellee to pay costs of appeal. Rehearing refused.