Cited by
Opinions in Louisiana that cite Minyard v. Curtis Products, Inc., 205 So. 2d 422.
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G. Woodward Jackson Co., Inc. v. Crispens
414 So. 2d 855
La. Ct. App. 4th Cir. 1982
Minyard v. Curtis Products, Inc.
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Laspopoulos v. Chaisson
413 So. 2d 248
La. Ct. App. 4th Cir. 1982
See Edmonston, supra, and Minyard v. Curtis Products, Inc., , (1967).
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Porter v. Johnson
408 So. 2d 961
La. Ct. App. 2d Cir. 1981
1974); Minyard v. Curtis Products, Inc., , (1967).
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North Forest Homeowners' Ass'n v. Homecraft Corp.
407 So. 2d 450
La. Ct. App. 1st Cir. 1981
Our Supreme Court dealt with such a cause of action in Minyard v. Curtis Products, Inc., [ ]
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Vizinat v. Reed
406 So. 2d 263
La. Ct. App. 1st Cir. 1981
CIVIL LAW ACTION FOR UNJUST ENRICHMENT Defendants cite the decision of the court in Minyard v. Curtis Products, Inc., , (1967), which sets forth the different elements of the civil law action de in rem verso, or unjust enrichment.
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STATE ETC. v. City of Pineville
403 So. 2d 49
La. 1981
See, e. g., Minyard v. Curtis Products, Inc., , (1967) (unjust enrichment); Gaude v. Gaude, 28 La.Ann.
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Boagni v. STATE THROUGH DEPT. OF TRANSP. AND DEV.
399 So. 2d 813
La. Ct. App. 3d Cir. 1981
Minyard v. Curtis Products, Inc., , (1967)
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Kent v. De La Cruz
400 So. 2d 689
La. Ct. App. 1st Cir. 1981
See Minyard v. Curtis Products, Inc., , (1967).
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Our Lady of Lake Med. Ctr. v. Cropper
401 So. 2d 403
La. Ct. App. 1st Cir. 1981
Minyard v. Curtis Products, Inc.
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Vandervoort v. Levy
396 So. 2d 480
La. Ct. App. 4th Cir. 1981
21, 1965, 2292 et seq., Minyard v. Curtis Products, Inc., , (1968); Capitano v. Huber, Hunt & Nichols, Inc., (La.App.
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Marceaux v. Town of Lake Arthur
392 So. 2d 783
La. Ct. App. 3d Cir. 1980
writ refused, Minyard v. Curtis Products, Inc., , (1967).
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Vappie v. American Home Insurance
392 So. 2d 188
La. Ct. App. 1st Cir. 1980
In deciding the case in favor of plaintiff the trial judge reasoned that to do otherwise would violate the principle of unjust enrichment as discussed in Minyard v. Curtis Products, Inc., , (1967).
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Ramsey Construction Co. v. Bunch
393 So. 2d 199
La. Ct. App. 1st Cir. 1980
The landmark case of Minyard v. Curtis Products, Inc., , (1967), established five prerequisites to “unjust enrichment” recovery: (1) there must be an enrichment, (2) there must be an impoverishment, (3) there must be a connection between the enrichment and resulting impoverishment, (4) there must be an absence of “justification” or “cause” for the enrichment
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Richard v. Southwest Louisiana Hospital Ass'n
383 So. 2d 83
La. Ct. App. 3d Cir. 1980
Minyard v. Curtis Products, Inc., La., , (1967) says: `.
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LOUISIANA & SO. LIFE INS. CO. v. New Orleans SS
384 So. 2d 594
La. Ct. App. 4th Cir. 1980
Minyard v. Curtis Products, Inc.
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Louisiana & Southern Life Insurance Co. v. New Orleans Steamship Ass'n, International Longshoremen's Ass'n (AF of L-CIO) Welfare …
384 So. 2d 594
La. Ct. App. 1st Cir. 1980
Minyard v. Curtis Products, Inc.
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Don Coleman Construction Co. v. Mid-South Mortgage, Inc.
368 So. 2d 758
La. Ct. App. 1st Cir. 1979
See also Minyard v. Curtis Products, Inc., , (1967), discussing the elements of unjust enrichment.
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Flowers v. US Fidelity & Guaranty Co.
367 So. 2d 107
La. Ct. App. 4th Cir. 1979
Minyard v. Curtis Products, Inc., , (1968).
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Agency Rent-A-Car, Inc. v. Fiberglass Insulators, Inc.
367 So. 2d 66
La. Ct. App. 1st Cir. 1979
(See Minyard v. Curtis Products, Inc., , [1967].)
- Towne v. Towne 364 So. 2d 627 La. Ct. App. 1st Cir. 1978
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Spiller v. Herpel
357 So. 2d 572
La. Ct. App. 1st Cir. 1978
Oil Purchasers, Edmonston v. A-Second Mortgage Company of Slidell, Inc., Minyard v. Curtis Products, Inc., , (1967); (La.App.
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Capitano v. Huber, Hunt & Nichols, Inc.
359 So. 2d 308
La. Ct. App. 4th Cir. 1978
Minyard v. Curtis Products, Inc., , (1967); Edmonston v. A-Second Mortgage Company of Slidell, Inc.
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Loyacano v. Loyacano
358 So. 2d 304
La. 1978
[9] Professor Yiannopoulos' random selection of cases provides an insight into the jurisprudence under Article 21 of the Civil Code: "* * * In Minyard v. Curtis Products, Inc. [ , (1967)], the Supreme Court took a decisive step toward generalization of the remedy of unjust enrichment in Louisiana, relying expressly on Articles 21 and 1965 of the Civil Code.
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Abbeville Lumber Co. v. Richard
350 So. 2d 1292
La. Ct. App. 3d Cir. 1977
Recovery under the theory of unjust enrichment was recognized by our Supreme Court in the case of Minyard v. Curtis Products, Inc.
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Aetna Life & Cas. Co. v. Dotson
346 So. 2d 762
La. Ct. App. 1st Cir. 1977
Local 1418, AFL-CIO, 496 F.2d 400 (5th Cir. 1974); Minyard v. Curtis Products, Inc., , (1967); Kramer v. Freeman, 198 La.
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Acme Refrig. of Baton Rouge, Inc. v. Caljoan, Inc.
346 So. 2d 743
La. Ct. App. 1st Cir. 1977
These limitations, as set forth in Minyard v. Curtis Products, Inc., , (1967), are: an enrichment, an impoverishment, a causal connection between the enrichment and the impoverishment, no justification or legal cause for the enrichment/impoverishment, and no other available remedy at law.
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Blair v. Diaz
342 So. 2d 1237
La. Ct. App. 4th Cir. 1977
The owner's claim is, at best, one in the nature of unjust enrichment, an action de in rem verso (see Minyard v. Curtis Products, Inc., 1967, , ).
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Daspit v. City of Alexandria
342 So. 2d 683
La. Ct. App. 3d Cir. 1977
In Minyard v. Curtis Products, Inc., , (1967) the Supreme Court listed the following elements necessary for recovery under unjust enrichment: (1) An enrichment.
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Diamond Electrical Co. v. Unionamerica Mortgage & Equity Trust
345 So. 2d 119
La. Ct. App. 1st Cir. 1977
Minyard v. Curtis Products, Inc., , (1967).
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Olympia Co., Inc. v. GERVAIS F. FAVROT CO., INC.
342 So. 2d 1275
La. Ct. App. 4th Cir. 1977
See Minyard v. Curtis Products, Inc., , (1967); V-8 Taxi Cab Service
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Leachman v. El Dorado Poultry Co.
342 So. 2d 1224
La. Ct. App. 1st Cir. 1977
Minyard v. Curtis Products, Inc., , (1967).
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Renaudin v. Zapata Development Corporation
339 So. 2d 942
La. Ct. App. 4th Cir. 1977
The concept and application of the unjust enrichment remedy is discussed at length in Minyard v. Curtis Products, Inc., , (1967).
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Lyons v. City of Shreveport
339 So. 2d 466
La. Ct. App. 2d Cir. 1977
The requirements for recovery under unjust enrichment were enunciated by the Supreme Court in Minyard v. Curtis Products, Inc., , (1967) and again applied in Edmonston v. A-Second Mortgage Co. of Slidell, Inc.
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Jones v. Louisiana Dept. of Highways
338 So. 2d 338
La. Ct. App. 3d Cir. 1976
3rd Cir. 1964); Minyard v. Curtis Products, Inc., , (1967).
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Patin v. Jumonville
336 So. 2d 259
La. Ct. App. 1st Cir. 1976
Articles 1963— 1965, 2292-2294, Civil Code; Minyard v. Curtis Products, Inc., , (1967).
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Oil Purchasers, Inc. v. Kuehling
334 So. 2d 420
La. 1976
The demand of plaintiffs adequately meets the five prerequisites of actio de in rem verso recognized in Louisiana in Minyard v. Curtis Products, Inc., , (1967)
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TL James & Co., Inc. v. Montgomery
332 So. 2d 834
La. 1976
See (concerning another area of law) Minyard v. Curtis Products, Inc., , (1968).
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Sylvester v. Dupre
333 So. 2d 447
La. Ct. App. 1st Cir. 1976
Minyard v. Curtis Products, Inc., , (1967); Edmonston v. A-Second Mortgage Company of Slidell, Inc.
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State Ex Rel. Guste v. Estate of Himbert
327 So. 2d 698
La. Ct. App. 1st Cir. 1976
Articles 21, 1965, 2292, 2301, 2311, Civil Code; Minyard v. Curtis Products, Inc., *700 , (1967); Actio de in Rem Verso in Louisiana: Minyard v. Curtis Products, Inc., 43 Tul.L.Rev.
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Landesman v. Ford Motor Co.
331 So. 2d 106
La. Ct. App. 1st Cir. 1976
The plaintiff, nevertheless, argues that a quasi contract existed, founded on the principle of unjust enrichment, i. e., de in rem verso, citing Minyard v. Curtis Products, Inc., , (1967).
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Cameron Crew Boats, Inc. v. Twin Disc, Inc.
325 So. 2d 684
La. Ct. App. 1st Cir. 1976
When the law of the land, and that which the parties have made for themselves by their contract, are silent, courts must apply these principles to determine what ought to be incidents to a contract, which are required by equity.” See Minyard v. Curtis Products, Inc., , (1967); Actio de in Rem Verso in Louisiana: Minyard v. Curtis Products, Inc., 43 Tul.L.Rev.
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Oil Purchasers, Inc. v. Kuehling
321 So. 2d 17
La. Ct. App. 3d Cir. 1976
Articles 2292-2294 and 1964, 1965, and Minyard v. Curtis Products, Inc., , (1967).
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Cowley v. Logan
324 So. 2d 500
La. Ct. App. 1st Cir. 1975
On appeal, Cowley contends that Logan was “unjustly enriched” at Cowley’s expense or impoverishment and that restitution should be ordered' on the authority of Minyard v. Curtis Products, Inc., , (1968).
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V-8 Taxi Cab Service, Inc. v. Hayes
322 So. 2d 442
La. Ct. App. 4th Cir. 1975
In Minyard v. Curtis Products, Inc., , (1967), [2] the Louisiana Supreme Court set out the prerequisites for recovery in unjust enrichment.
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United States Fire Insurance Company v. Lawson
317 So. 2d 217
La. Ct. App. 4th Cir. 1975
Yet tort prescription was applied against the insurer's claim in Brown , and Brown was cited without any hint of disagreement in the plurality opinion in Minyard v. Curtis Products, Inc., 1968, , 430 (on whose de in rem verso theory our insurer relies).
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Mire v. Travelers Insurance Co.
318 So. 2d 93
La. Ct. App. 1st Cir. 1975
See Edmonston v. A-Second Mortgage Co. of Slidell, Inc., and Minyard v. Curtis Products, Inc., , (1967)—unjust enrichment; In Re Interstate Trust & Banking Co., 235 La.
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Hoover v. Hoover
313 So. 2d 358
La. Ct. App. 4th Cir. 1975
In support of her argument that she is entitled to relief against Dodt on the theory of unjust enrichment, and Minyard v. Curtis Products, Inc., , 205 So.
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Coleman v. Bossier City
305 So. 2d 444
La. 1974
See, for essentials of unjust enrichment action in Louisiana: Edmonston v. A-Second Mortgage Company of Slidell, Inc., Minyard v. Curtis Products, Inc., , (1968).
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Edmonston v. A-Second Mortgage Co. of Slidell, Inc.
289 So. 2d 116
La. 1974
This Court set out the requirements to be met before the actio de in rem verso was applicable in Minyard v. Curtis Products, Inc., , (1967).
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Explained
Brignac v. Boisdore
288 So. 2d 31
La. 1973
It was first clearly enunciated in our law by the decision of this Court in Minyard v. Curtis Products, Inc., , (1968).