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Fabacher v. Rouprich

FABACHER v. ROUPRICH Et Al.

Fabacher v. Rouprich, 107 So. 295 (La. 1926)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
February 1, 1926
Docket
No. 25463.
Judges
O'Niell
Citations
107 So. 295160 La. 4331926 La. LEXIS 2379

Opinion of the Court — O'Niell

O’NIELL, C. J.

This is a suit on a promissory note given by the defendants, Mrs. B. Rouprich and her two sons, in part payment for a herd of cows that they bought from the plaintiff. He has appealed from a judgment rejecting his demand and dismissing the suit. Mrs. Rouprich was a married woman, and the two sons were minors when they signed the note. She was not authorized by her husband, ánd they were not emancipated. Plaintiff knew, when he accepted the note, that Mrs. Rouprich was married, and that her sons were both minors. He does not dispute that the judgment in favor of the two sons is correct. The theory on which he seeks to hold Mrs. Rouprich liable on the note was that she was a public merchant when she signed the note. -The proof is that she was not a public merchant, or in any business whatever, for that matter. It seems to be conceded that the debt was not her separate debt, or one for which she might have bound herself without being authorized by her husband.

Appellees have answered the appeal and asked for damages for the dissolution of a writ of sequestration that was issued in the case. The writ was dissolved merely as an incident of the decision of the case on its merits. In such case attorneys’ fees are not allowed for dissolving a conservatory writ.

The judgment is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1927: 21928: 11934: 11937: 11939: 11941: 11945: 11949: 119272026peak 1927 · 2

Relies on it most ⓘ

  1. Willis v. Mills Tooke Properties42 So. 2d 548 (La. Ct. App. 1949)
  2. Finance Security Co. v. Mexic188 So. 657 (La. Ct. App. 1939)
  3. Smith v. Wm. D. Keith Motors Co.111 So. 798 (La. 1927)
  4. Esmele v. Violet Trapping Co.175 So. 471 (La. 1937)
  5. Louisiana State Rice Milling Co. v. Potter153 So. 690 (La. 1934)
  6. Socola Rice Mill Co. v. Gitz116 So. 407 (La. 1928)

Most recent

  1. Willis v. Mills Tooke Properties42 So. 2d 548 (La. Ct. App. 1949)
  2. Hebert v. Hurwitz Mintz Furniture Co.21 So. 2d 638 (La. Ct. App. 1945)
  3. Roper v. Brooks9 So. 2d 497 (La. Ct. App. 1941)
  4. Finance Security Co. v. Mexic188 So. 657 (La. Ct. App. 1939)
  5. Esmele v. Violet Trapping Co.175 So. 471 (La. 1937)
  6. Louisiana State Rice Milling Co. v. Potter153 So. 690 (La. 1934)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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