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11 La. Ann. 200

Fogle v. Delmas

Supreme Court of Louisiana

Decided March 15, 1856

Supreme Court of Louisiana · decided 1856-03-15

<p>Interest is due by a depositary only from the demand for restitution. Code, 2919.</p>

Decided 1856-03-15

Buchanan, J.

¶1(Merrick, C. J., absent.) The plaintiff sues for the restoration of money deposited. The judgment of the court below was in her favor; and we think that judgment is fully justified by the evidence.

¶2There was error, however, in allowing interest from the date of the deposit. It was only due from the date of the demand for restitution. C. C. 2919.

¶3It is therefore adjudged and decreed, that the judgment of the District Court be amended ; that plaintiff recover of defendant, one thousand and ten dollars, with interest from judicial demand, (October 26th, 1853,) and costs of the District Court; those of appeal to be paid by plaintiff and appellee.

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