enunciation principle in Louisiana

2010Although it reversed the ultimate decision reached by this court, our supreme court, in Wallmuth, 813 So.2d 341 , adopted this court’s enunciation of the standard of liability for school boards under either La.Civ.Code art. 2315 or La.Civ.Code art. 2320 as being correct.

1957The opinion of the district judge further declared that, even assuming plaintiff’s status as an accommodation endorser, he would have no authority to proceed on the note, citing McCardle v. Nagim, La.App., 61 So.2d 267 , 269 and quoting therefrom as follows: “An accommodation maker, on paying a note, does not have a cause of action against the real maker of the note on the note as such, [italics ours] his remedy being on the implied contract of reimbursement.” We find no fault with the principle quoted but we think it essential to call attention to the fact that the basis for the enunciation o

1951Possibly the best enunciation of the principle is to be found in Williamson v. Enterprise Brick Company, Inc., 190 La. 415 , 182 So. 556 , reversing La.App., 178 So. 197 , in which the court held that an appeal must be dismissed 'in cases in which the record filed in an appellate court contains no transcript of testimony or statement of facts agreed to by the parties or furnished by the trial Judge.

1951Possibly the best enunciation of the principle is to be found in Williamson v. Enterprise Brick Company, Inc., 190 La. 415 , 182 So. 556 , reversing La.App., 178 So. 197 , in which the court held that an appeal must be dismissed 'in cases in which the record filed in an appellate court contains no transcript of testimony or statement of facts agreed to by the parties or furnished by the trial Judge.

1951Possibly the best enunciation of the principle is to be found in Williamson v. Enterprise Brick Company, Inc., 190 La. 415 , 182 So. 556 , reversing La.App., 178 So. 197 , in which the court held that an appeal must be dismissed 'in cases in which the record filed in an appellate court contains no transcript of testimony or statement of facts agreed to by the parties or furnished by the trial Judge.

1936Salaun v. Their Creditors, 106 La. 217 , 30 So. 696 , 697, a case which we shall later discuss in connection with another phase of this matter, the court, in discussing the preference which should be accorded to the fee of attorneys for effecting a sale of the estate of an insolvent, and in also discussing whether those charges should prime the claim of a lienholder, said: “The rule should be the same whether a vendor or a lessor be concerned.” In Teutonia Bank & Trust Company v. Security Brewing Co., 137 La. 1046 , 69 So. 833 , is found an enunciation of the principle later announced in the I

1936Salaun v. Their Creditors, 106 La. 217 , 30 So. 696 , 697, a case which we shall later discuss in connection with another phase of this matter, the court, in discussing the preference which should be accorded to the fee of attorneys for effecting a sale of the estate of an insolvent, and in also discussing whether those charges should prime the claim of a lienholder, said: “The rule should be the same whether a vendor or a lessor be concerned.” In Teutonia Bank & Trust Company v. Security Brewing Co., 137 La. 1046 , 69 So. 833 , is found an enunciation of the principle later announced in the I

1936Salaun v. Their Creditors, 106 La. 217 , 30 So. 696 , 697, a case which we shall later discuss in connection with another phase of this matter, the court, in discussing the preference which should be accorded to the fee of attorneys for effecting a sale of the estate of an insolvent, and in also discussing whether those charges should prime the claim of a lienholder, said: “The rule should be the same whether a vendor or a lessor be concerned.” In Teutonia Bank & Trust Company v. Security Brewing Co., 137 La. 1046 , 69 So. 833 , is found an enunciation of the principle later announced in the I

1929Young, 135 La. 470 , 65 So. 611 , is to be found the enunciation of a principle which seems t-o restrict the rights of a surety, where the security for the debt is impaired.