Hicks v. Hicks - 145 La. 465, 82 So. 415 (1919)

Rule:

The law recognizes a difference between donations and remissions of debt.

Facts:

Appellant’s mother sold to him a certain plantation for $10,000 payable in 20 annual payments of $500 each, represented by notes bearing interest after their respective maturity. Appellant paid the first note, but when the next six notes matured, the mother indorsed the notes on the back and returned the notes to the appellant. Plaintiff filed suit, alleging that the notes were donated to the appellant by his mother. The appellant alleged that the notes were remitted. The lower court ruled in favor of plaintiff. Defendant appealed. 

Issue:

Under the circumstances, were the notes in question remitted to the appellant by his mother? 

Answer:

Yes.

Conclusion:

In reversing that part of the judgment declaring the notes a donation, the court concluded that the notes were cancelled and surrendered to the appellant after maturity by his mother and the remission of the debt was thus accomplished. The remission was complete and irrevocable when the mother surrendered the notes to the appellant. The endorsements had no bearing on the legality of the remission of the debt.