# Brown v. I. M. Causey & Co.

> Louisiana Court of Appeal · October 5, 1933 · 149 So. 918

URL: https://www.frixlaw.com/law-library/cases/3467856

## Case

- **Full name:** BROWN v. I. M. CAUSEY & CO., Inc.
- **Court:** Louisiana Court of Appeal
- **Decided:** October 5, 1933
- **Citations:** 149 So. 918
- **Precedential status:** Published
- **Opinion:** Dissent by Elliott
- **Judges:** Mouton, Elliott
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3467856

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3467856. Public record. Not legal advice.