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2 La. 426

Gomez v. Ramos

Supreme Court of Louisiana

Decided May 15, 1831

Supreme Court of Louisiana · decided 1831-05-15

The defendant, Gomez, being sued on an account, offered in compensation an obligation, transferred to him by Cajegal, a former partner of the plaintiff. This document, which was signed by the plaintiff and other partners, certified that Cajegal had a share or interest to .the value of $ 402, in a certain bakery, its utensils and management. The plaintiff had judgment for the amount claimed, and the defendant appealed.

Decided 1831-05-15

Martin, J.

¶1delivered the opinion of the court.

¶2The defendant and appellant complains of the judgment, which rejects his plea of compensation.

¶3This plea was grounded on the transfer of a document (to the defendant by Cajegal,) by which it appears that the transferror, the plaintiff, and a third person, being partners in a bakejy, the two latter acknowledged they had settled an account with the former, wherebyabalance was in his favour, on the close of a period, during which he had carried on the bakery.for the partnership, stating that balance, with his interest in the bakery, amounted to four hundred and odd , ,1 uOUaxs.

¶4We think the parish judge did not err — the two partners did not engage to pay that sum to the transferror; it does , , , , . . , ,. , , not appear that the. partnership expired or was dissolved, hut ra^ier that it continued. The document shows only that, at its date, the transferree was in advance to the part- , . . . nership, and that his advances and his interest m the partnership amounted to the sum stated.

¶5^ '1S’ therefore, ordered, adjudged and decreed, that the judgment of the Parish Court be affirmed with costs in both courts.

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