Louisiana Court of Appeal, 1925

Leake v. Parson

Louisiana Court of Appeal · Decided September 28, 1925 · Westerfield

3 La. App. 1; 1925 La. App. LEXIS 512

Cases that cite this one

294 later published cases cite this decision. The 25 that cite it most often are listed here.

Davis v. State Ex Rel. Department of Transportation & Development, Office of Risk Management (La. Ct. App. 2009)
State v. Jacobs (La. Ct. App. 2010)
Rodock v. Pommier (La. Ct. App. 2017)
Wiltz v. Brothers Petroleum, L.L.C. (La. Ct. App. 2014)
Harbin v. Ward (La. Ct. App. 2014)
Abushanab v. St. Charles Gaming Co. (La. Ct. App. 2012)
Louisiana Department of Transportation & Development v. Oilfield Heavy Haulers, L.L.C. (La. Ct. App. 2011)
Meiners v. St. Tammany Fire Protection District 4 Board of Commissioners (La. Ct. App. 2010)
Mednick v. State Farm Mutual Automobile Insurance Co. (La. Ct. App. 2010)
Russell v. Shelter Mutual Insurance Co. (La. Ct. App. 2010)
Central Louisiana Ambulatory Surgical Center, Inc. v. Payless Shoesource, Inc. (La. Ct. App. 2010)
Gatlin v. KLEINHEITZ (La. Ct. App. 2009)
Watters v. Department of Social Services (La. Ct. App. 2009)
Edden v. Ortego (La. Ct. App. 2008)
State v. Dorsey (La. Ct. App. 2005)
Cedotal v. Cedotal (La. Ct. App. 2005)
Gautreaux v. Dufrene (La. Ct. App. 2005)
Young v. Louisiana Farm Bureau Casualty Insurance Co. (La. Ct. App. 2005)
Freeman v. National Automotive Insurance Co. (La. Ct. App. 2005)
K-Mart Corp. v. Malbrough (La. Ct. App. 2005)
Sumrall v. Bickham (La. Ct. App. 2004)
James J. Bailey, III and New 90 LLC v. Energen Resources Corporation, Successor in Interest to Minatome Corporation and Total Minatome Corporation, Chervron U.S. A., Inc., Successor in Interest to Chevron Oil Company and California company, Southern Natural Gas Company, LLC, successor in Inter (La. Ct. App. 2024)
Darnelle Bordelon Arceneaux v. Bryan David Arceneaux (La. Ct. App. 2023)
Thomas Pike Barkerding v. Jacques Bezou, Sr., Jacques Bezou, Jr. Erica Hyla and the Bezou Law Firm, LLC (La. Ct. App. 2022)
Tower Credit, Inc. v. Chad J Williams (La. Ct. App. 2022)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

WESTERFIELD, J.

Plaintiff alleges that he bought and defendant sold for ‘$100.00 wages earned by defendant and due him by his employer, the Illinois Central Railroad Company, amounting to $110.00. He sues for that amount, claiming that defendant collected the wages sold him without accounting to him therefor.

Defendant admits receiving $100.00 from plaintiff and the entire controversy is concerning the remainder of $10.00 claimed by defendant.

It is argued that the alleged sale of wages was in reality a loan at a usurious rate of interest. We find no support for this contention in the record. Moreover, the contract between the parties contains the following:

“This is an absolute and unconditional sale of said account and is not a loan or advance of money.”

It is admitted that at the time the $100.00 was paid, defendant there was due him as earned wages the sum of $110.00, hence Act 5 of 1906 prohibiting .the sale of unearned wages without the consent of the employer has no application. There is no *2denial of the claim that defendant collected the wages assigned and failed to deliver to plaintiff. We agree with the learned trial judge who found for plaintiff as prayed for.

For the reasons assigned, the judgment appealed from is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.