Opinion

Brown v. I. M. Causey & Co.

  • 149 So. 918
Court
Louisiana Court of Appeal
Filed
Oct 5, 1933
Status
Published
Author
Elliott
On the bench
Mouton, Elliott
Cited by
0 cases

The opinion

ELLIOTT, Judge

(dissenting).

I differ with the majority of the court as to the proper determination of this case. The plaintiff, a negro woman, bought from defendant furniture valued at $95, .payable on the installment plan. She paid on it until the balance due was $3.40.

Then not being able, or neglecting or failing for some time, to pay this small balance of $3.40, defendant’s collector went out with his wagon and helpers, and, in her absence,claiming that they had her consent by means of a message received from plaintiff, through her little daughter at the house, they loaded her furniture in the wagon and took it to-defendant’s warehouse, where it is held against her. Defendant now has the furniture and the $91.60 paid on it and judgment against plaintiff for the balance due, $3.40'.

Defendant supports its defense by the testimony of its agents and employees. After reading the testimony, I am unable to agree that the defense should prevail. I cannot believe that plaintiff freely consented within the meaning of the Civil Code, art. 1819, to what had been done.

I think the judgment appealed from should be reversed and judgment rendered in favor of the plaintiff for an amount proper to the loss sustained.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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