8 Rob. 13 | La. | 1844
This suit is brought to recover $493 57, with legal interest from the 17th of June, 1839, on which day, it is alleged, that the defendants received this sum as agents for the plaintiff, who had theretofore deposited with them for collection a note of $430, of one J. C. Drew, which, together with the interest thereon to that time, amounted to the sum paid. It is further alleged, that the defendants have appropriated this money to their own use, and have ever since refused to pay it, although amicably requested to do so. Annexed to the petition is an account current signed by the defendants, which states that they owed this amount, but sets forth various charges which reduce the sum due to the plaintiff to $268 44. These charges the petitioner avers, are unfounded and illegal. He had a judgment below, from which the defendants have appealed.
No proof was offered on the trial in support of the charges objected to in the account of the defendants; but in this court
It is, therefore, ordered, that the judgment of the Commercial Court be so amended as to bear interest only from judicial demand, and that it be affirmed in all other respects; the plaintiff and appellee to pay the costs of this appeal.