Boggs v. Reed
Boggs v. Reed
Opinion of the Court
delivered the opinion of the court. In this case, the plaintiff offered in evidence the depositions of John Carlisle and John M'Coy, of the state of Ohio, to prove the legal interest in that state, on promissory notes, (where no interest is expressed therein) which was objected to by the defendant. The district court, was of opinion that no interest was allowed at common law, more particularly where none was mentioned in the contract-that, therefore, it was presumable that interest was allowed in the state of Ohio by statute-that parol evidence of the statute could not be admitted, and rejected the evidence. To this opinion the plaintiff excepted, and there being judgment for him for the principal, without interest, he appealed.
The case stands before us on the bill of exceptions only.
We think the district court erred, in assuming it as a fact that interest cannot be allowed under the common law of the state of Ohio. The knowledge which the judges of the courts of the state of Louisiana have of the laws of their own
The judgment of the dstrict court is, therefore, annulled, avoided and reversed, and the cause is remanded for a new trial, with directions to the district court to hear the witnesses offered-and it is ordered, that the costs of this appeal be borne by the appellant.
Reference
- Full Case Name
- BOGGS v. REED
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- Published