19 Louisiana opinions name it 2 courts 1933–2022 1 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
American Bank v. Saxenagreen2 sentences2019In reaching its conclusion, the appellate court wrote, "[i]t is clear from our jurisprudence that a claim for offset or compensation is not sufficient to prevent summary judgment on a liquidated debt where the compensation is not based on a liquidated claim." Id. , 1996-215,p. 9, 685 So.2d at 310 . 2019In reaching its conclusion, the appellate court wrote, "[i]t is clear from our jurisprudence that a claim for offset or compensation is not sufficient to prevent summary judgment on a liquidated debt where the compensation is not based on a liquidated claim." Id. , 1996-215,p. 9, 685 So.2d at 310 . | 4 | 8 |
AM. BANK & TR. CO. IN MONROE v. Carson Homes, Inc.green2 sentences1989Although C.C. article 1902 grants the Court authority to declare compensation of an unliquidated claim, the claim must be "susceptible of prompt and easy liquidation." In American Bank and Trust Company in Monroe v. Carson Homes, Inc., 344 So.2d 456 (La.App. 2nd Cir.), writ denied 346 So.2d 221 (La.1977), a case with facts similar to this case, the Court held that "an unliquidated claim for damages cannot be pleaded in compensation against a liquidated claim based on a promissory note." 344 So.2d at 459 . 1989Although C.C. article 1902 grants the Court authority to declare compensation of an unliquidated claim, the claim must be "susceptible of prompt and easy liquidation." In American Bank and Trust Company in Monroe v. Carson Homes, Inc., 344 So.2d 456 (La.App. 2nd Cir.), writ denied 346 So.2d 221 (La.1977), a case with facts similar to this case, the Court held that "an unliquidated claim for damages cannot be pleaded in compensation against a liquidated claim based on a promissory note." 344 So.2d at 459 . | 1 | 2 |
Gulf Federal Savings & Loan Ass'n v. Ecclesgreen1 sentence1989See e.g., Gulf Federal Savings and Loan Association v. Nugent, 528 So.2d 785 (La.App. 3d Cir.1988); Coburn v. Commercial National Bank, 453 So.2d 597 , 605 n. 2 (La.App. 2d Cir.1984). | 1 | 1 |
Rifkin v. Safenovitzgreen2 sentences1961See Yin v. Amino Products Co., 141 Ohio St. 21 , 46 N.E.2d 610 , 614 and Petersen v. Graham, 7 Wash.2d 464 , 110 P.2d 149, 154 , cited by Black’s Law Dictionary, 4th Ed. See also Black’s Law Dictionary defining a liquidated demand and citing with approval Rifkin v. Safenovitz, 131 Conn. 411 , 40 A. 2d 188, 189 , where it is stated that an amount claimed is a liquidated demand “[if] it is susceptible of being made certain in amount by mathematical calculations from factors which are or ought to be in possession or knowledge of the party to be charged.” I respectfully dissent. 1961See Yin v. Amino Products Co., 141 Ohio St. 21 , 46 N.E.2d 610 , 614 and Petersen v. Graham, 7 Wash.2d 464 , 110 P.2d 149, 154 , cited by Black’s Law Dictionary, 4th Ed. See also Black’s Law Dictionary defining a liquidated demand and citing with approval Rifkin v. Safenovitz, 131 Conn. 411 , 40 A. 2d 188, 189 , where it is stated that an amount claimed is a liquidated demand “[if] it is susceptible of being made certain in amount by mathematical calculations from factors which are or ought to be in possession or knowledge of the party to be charged.” I respectfully dissent. | 1 | 1 |
Petersen v. Grahamgreen2 sentences1961See Yin v. Amino Products Co., 141 Ohio St. 21 , 46 N.E.2d 610 , 614 and Petersen v. Graham, 7 Wash.2d 464 , 110 P.2d 149, 154 , cited by Black’s Law Dictionary, 4th Ed. See also Black’s Law Dictionary defining a liquidated demand and citing with approval Rifkin v. Safenovitz, 131 Conn. 411 , 40 A. 2d 188, 189 , where it is stated that an amount claimed is a liquidated demand “[if] it is susceptible of being made certain in amount by mathematical calculations from factors which are or ought to be in possession or knowledge of the party to be charged.” I respectfully dissent. 1961See Yin v. Amino Products Co., 141 Ohio St. 21 , 46 N.E.2d 610 , 614 and Petersen v. Graham, 7 Wash.2d 464 , 110 P.2d 149, 154 , cited by Black’s Law Dictionary, 4th Ed. See also Black’s Law Dictionary defining a liquidated demand and citing with approval Rifkin v. Safenovitz, 131 Conn. 411 , 40 A. 2d 188, 189 , where it is stated that an amount claimed is a liquidated demand “[if] it is susceptible of being made certain in amount by mathematical calculations from factors which are or ought to be in possession or knowledge of the party to be charged.” I respectfully dissent. | 1 | 1 |
Yin v. Amino Products Co.green2 sentences1961See Yin v. Amino Products Co., 141 Ohio St. 21 , 46 N.E.2d 610 , 614 and Petersen v. Graham, 7 Wash.2d 464 , 110 P.2d 149, 154 , cited by Black’s Law Dictionary, 4th Ed. See also Black’s Law Dictionary defining a liquidated demand and citing with approval Rifkin v. Safenovitz, 131 Conn. 411 , 40 A. 2d 188, 189 , where it is stated that an amount claimed is a liquidated demand “[if] it is susceptible of being made certain in amount by mathematical calculations from factors which are or ought to be in possession or knowledge of the party to be charged.” I respectfully dissent. 1961See Yin v. Amino Products Co., 141 Ohio St. 21 , 46 N.E.2d 610 , 614 and Petersen v. Graham, 7 Wash.2d 464 , 110 P.2d 149, 154 , cited by Black’s Law Dictionary, 4th Ed. See also Black’s Law Dictionary defining a liquidated demand and citing with approval Rifkin v. Safenovitz, 131 Conn. 411 , 40 A. 2d 188, 189 , where it is stated that an amount claimed is a liquidated demand “[if] it is susceptible of being made certain in amount by mathematical calculations from factors which are or ought to be in possession or knowledge of the party to be charged.” I respectfully dissent. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Rosenthal v. Oubregreen1 sentence1993But see Rosenthal v. Oubre, 504 So.2d 1102 (La.App. 5th Cir.1987) [applied/defined terms of "mutuality of obligors" and "equally liquidated and determinable debt" very loosely.] London Livery's unliquidated *880 claim for tort damages could not be pleaded in compensation against A Confidential's liquidated claim based on an open account. | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
National Gypsum Co. v. Ace Wholesale
green
2 sentences2019In reaching its conclusion, the appellate court wrote, "[i]t is clear from our jurisprudence that a claim for offset or compensation is not sufficient to prevent summary judgment on a liquidated debt where the compensation is not based on a liquidated claim." Id. , 1996-215,p. 9, 685 So.2d at 310 . 2019In reaching its conclusion, the appellate court wrote, "[i]t is clear from our jurisprudence that a claim for offset or compensation is not sufficient to prevent summary judgment on a liquidated debt where the compensation is not based on a liquidated claim." Id. , 1996-215,p. 9, 685 So.2d at 310 . | 2 | 2019–2019 |
In re Mashburn Marital Trusts
neutral
2 sentences2019App. 1 Cir. 12/22/10), 52 So.3d 1136 , 1147, where, in affirming the district court's judgment that trustees could not use an unliquidated claim against the beneficiary to offset the income the beneficiary was entitled to receive from his family trust, the First Circuit found that Louisiana law does not permit the use of an unliquidated claim to offset a liquidated claim. 2019App. 1 Cir. 12/22/10), 52 So.3d 1136 , 1147, where, in affirming the district court's judgment that trustees could not use an unliquidated claim against the beneficiary to offset the income the beneficiary was entitled to receive from his family trust, the First Circuit found that Louisiana law does not permit the use of an unliquidated claim to offset a liquidated claim. | 2 | 2019–2019 |
A Confidential Limousine Service, Inc. v. London Livery, Ltd.
neutral
2 sentences1999A Confidential v. London Livery, supra, 612 So.2d at 879-880 . 1996American Bank v. Saxena, 553 So.2d 836 (La.1989); A Confidential Limousine v. London Livery, 612 So.2d 875 (La.App. 4th Cir.1993), writ denied, 614 So.2d 1263 (La.1993). | 2 | 1996–1999 |
Hartley v. Hartley
green
2 sentences1988The Court concluded the debt of the defendant husband was not a liquidated claim, and reasoned as follows: In the case at hand the best that can be said of Mr. Hartley's position is that he has a potential claim against his wife for community funds, a claim very likely to be contested, and one which should properly be determined in a partition of the community property_Mrs. Hartley’s “debt,” when placed beside her husband’s alimony judgment obligation, is definitely not “equally liquidated and de-mandable.” Compensation or set-off is therefore not available in these proceedings to offset or re 1981A set-off requires the "contemporaneous existence of distinct debts, each equally liquidated and demandable." The court concluded the debt of the defendant husband was not a liquidated claim, and reasoned as follows: "In the case at hand the best that can be said of Mr. Hartley's position is that he has a potential claim against his wife for community funds, a claim very likely to be contested, and one which should properly be determined in a partition of community property." 349 So.2d 1258, 1261 . | 2 | 1981–1988 |
Del Bondio v. Albrecht
green
2 sentences1984See American Bank & Trust Co. in Monroe v. Carson Homes, 344 So.2d 456 (La.App. 2d Cir.1977); Dial Real Estate, Inc. v. Isbell, 256 So.2d 133 (La.App. 3d Cir.1971); McDaniel v. Rumore, 110 So.2d 860 (La.App. 2d Cir.1959); Del Bondio v. Albrecht, 181 So. 610 (La.App.Orl.1938). 1971Del Bondio v. Albrecht, 181 So. 610 (La.App. | 2 | 1971–1984 |
McDaniel v. Rumore
neutral
2 sentences1984See American Bank & Trust Co. in Monroe v. Carson Homes, 344 So.2d 456 (La.App. 2d Cir.1977); Dial Real Estate, Inc. v. Isbell, 256 So.2d 133 (La.App. 3d Cir.1971); McDaniel v. Rumore, 110 So.2d 860 (La.App. 2d Cir.1959); Del Bondio v. Albrecht, 181 So. 610 (La.App.Orl.1938). 1977Dial Real Estate, Inc. v. Isbell, 256 So.2d 133 (La.App. 3d Cir. 1971); McDaniel v. Rumore, 110 So.2d 860 (La. | 2 | 1977–1984 |
Dial Real Estate, Inc. v. Isbell
green
2 sentences1984See American Bank & Trust Co. in Monroe v. Carson Homes, 344 So.2d 456 (La.App. 2d Cir.1977); Dial Real Estate, Inc. v. Isbell, 256 So.2d 133 (La.App. 3d Cir.1971); McDaniel v. Rumore, 110 So.2d 860 (La.App. 2d Cir.1959); Del Bondio v. Albrecht, 181 So. 610 (La.App.Orl.1938). 1977Dial Real Estate, Inc. v. Isbell, 256 So.2d 133 (La.App. 3d Cir. 1971); McDaniel v. Rumore, 110 So.2d 860 (La. | 2 | 1977–1984 |
State v. Serigny
neutral
1 sentence1996American Bank v. Saxena, 553 So.2d 836 (La.1989); A Confidential Limousine v. London Livery, 612 So.2d 875 (La.App. 4th Cir.1993), writ denied, 614 So.2d 1263 (La.1993). | 1 | 1996–1996 |
Coburn v. Commercial Nat. Bank
green
1 sentence1989See e.g., Gulf Federal Savings and Loan Association v. Nugent, 528 So.2d 785 (La.App. 3d Cir.1988); Coburn v. Commercial National Bank, 453 So.2d 597 , 605 n. 2 (La.App. 2d Cir.1984). | 1 | 1989–1989 |
American Bank & Trust Co. in Monroe v. Carson Homes, Inc.
green
1 sentence1989Although C.C. article 1902 grants the Court authority to declare compensation of an unliquidated claim, the claim must be "susceptible of prompt and easy liquidation." In American Bank and Trust Company in Monroe v. Carson Homes, Inc., 344 So.2d 456 (La.App. 2nd Cir.), writ denied 346 So.2d 221 (La.1977), a case with facts similar to this case, the Court held that "an unliquidated claim for damages cannot be pleaded in compensation against a liquidated claim based on a promissory note." 344 So.2d at 459 . | 1 | 1989–1989 |
Succession of Winn
green
1 sentence1944Counsel for the administrator has referred us to the case of Succession of Winn, 30 La.Ann. 702 . | 1 | 1944–1944 |
Berens v. Ker
neutral
1 sentence1933Civil Code, art. 2209, provides that: “Compensation takes place only between two debts- * * * which are equally liquidated and demandable.” In Berens v. Ker, 28 La. | 1 | 1933–1933 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.