Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 27 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1835 edition. Excerpt: ...states, that it was rendered upon full proof of the allegations contained in the petition, and after hearing the parties. 8. The instrument by which this claim was transferred, by Andrus to Lesassier, is not an act of transfer, but aprocurat1'4m_ If it be a transfer, it is only for the portion that was due to Lesassier by Andrus, viz 2 the sum of one thousand two hundred and fifty dollars. Lesassier was in fact nothing more than the mandatory of Andrus, to collect this debt and pay over the balance, after deducting what was due to him by the latter. 9. The mandatory or mere attomey in fact, has no authority to release a debt, or make a donation of a claim or debt of his principal without consideration, consequently the releases and acquittances of Lesassier, executed to the defend ant and the curator of Brown, are null and void. Pothier, Vr'.s'r-zlm D1s'r. Contra du Mandat, vol. 6, p. 87, lb. p. 103, ch. 2, .N'o. 53. 5"1"""-'b""' lfi 10. The act under which Lesassier transacted this business, A.'lJllL'S 1.1 AL. has all the forms and requisites of a procuration. La. Code, m;,"'T'1, _ 2955, 2966. ll. The attorney in fact or mandatory, has the right to retain, out of the sum in his hands, all sums necessary to cover his costs and expenses, and even to offset a debt owing to him by his principal. This was precisely the case of Lesassier and Andrus. La. Code, 2992. 12. But even if this be a transfer of the debt from Andrus to Lesassier, itis only in trust for the portion over the sum due to Lesassier, and the trustee cannot release the debtor without full consideration. In any view we take of the case, the plaintiffs must recover at least the surplus of this claim, beyond the amount of Lesassier's...