Cormier v. Douet

• Decision Date: 29 June 1951
• Docket Number: No. 39699,39699
• Citation: 54 So.2d 177,219 La. 915
• Parties: CORMIER v. DOUET et al.
• Court: Louisiana Supreme Court

Page 177

54 So.2d 177

219 La. 915

CORMIER v. DOUET et al.

No. 39699.

Supreme Court of Louisiana.

June 29, 1951.

Dugas, Bean & Bertrand, James W. Bean, Lafayette, Emile J. Duchamp, St. Martinville, for defendants-appellants.

Guidry & Willis, E. L. Guidry, St. Martinville, for plaintiff-appellee.

MOISE, Justice.

This is an appeal from a judgment in favor of plaintiff in the sum of $4,600, with costs. The plaintiff has answered the appeal, praying that the judgment as rendered be amended so as to include legal interest from October 5, 1948, until paid, and, as amended, it be affirmed.

Plaintiff, a bachelor of 68 years, after the death of his mother in March, 1948, discontinued housekeeping and sold his farm in the Parish of St. Martin. After paying some outstanding indebtedness, he deposited the remaining proceeds from the sale in the Guaranty Bank & Trust Company in Lafayette, La. He first resided with some extenants of his, and then, in July 1948, moved into the home of the Huvals. On October 1, 1948, he withdrew from the Guaranty Bank & Trust Company in Lafayette, La., his deposited funds, amounting to $4,650. He testified that he intended to use this money to buy a lot of ground in St. Martinville and construct thereon a small home. Edward Huval, one of the defendants, admitted going to the Bank with plaintiff. After making the withdrawal from the Bank, plaintiff and Edward Huval returned to the home of defendants around the noon hour. Plaintiff claims that Mrs. Huval offered to keep the cash with certain trinkets and silverware which she was also keeping for him, and he agreed. On October 5, 1948, four days later, he asked Mrs. Huval to return all his belongings and after attempting to dissuade him not to take them, she refused to return the money and other personal property which he had deposited with her. Plaintiff then appealed to Edward Huval, who denied knowledge of the entire affair. (Plaintiff, however, subsequently recovered his jewelry and silverware.) Defendant refused to return his money and plaintiff removed himself from their home. He called in aid the Sheriff and after obtaining no results, he filed these proceedings.

The defense urged is a general denial.

After a trial by jury (which was requested by defendants), a 'Verdict in favor of Plaintiff' was returned. Defendants thereafter filed a motion for a new trial, which was denied. Thereafter, the district judge rendered judgment against the defendants, in solido. Mrs. Antoinette Douet Huval, one of the defendants, died during the pendency of the appeal in this Court, and her heirs, four minor children, were made parties to this action through a curator.

The issue as shown from the pleadings and argument is--whether the proof submitted meets the exaction of Article 2277 of the Revised Civil Code as to the requirement of proof--'* * * the * * * evidence * * * by one credible witness, and other corroborative circumstances.'

Since the requirement of Article 2277 R.C.C. is such that it of necessity draws into its legal vortex the sufficiency of proof shown by the record, and since the evidence is correlated with the credibility of the witnesses, the district judge's conclusions must be accepted, unless they are manifestly erroneous. Barnes v. Le Blanc, 207 La. 989, 22 So.2d 404; Thornton v....