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3 Rob. 8

Garrett v. Grimball

Supreme Court of Louisiana

Decided September 15, 1842

Supreme Court of Louisiana · decided 1842-09-15

<p>The court has no authority to give damages for a frivolous appeal, when not prayed for.</p>

Decided 1842-09-15

Morphy, J.

¶1In this suit, which is on a note executed in favor of the plaintiff by Grimball, one of the defendants, who are ordinary partners, the evidence fully establishes that Grimball was authorized to sign the partnership name, and that Wright has frequently paid notes thus signed by his partner. We would allow damages for the frivolous appeal, if we thought ourselves authorized to grant them, when not demanded.

¶2Judgment affirmed.

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