Baine v. Wilson
Supreme Court of Louisiana
APPEAL FROM THE COMMERCIAL COUHT OF NEW ORLEANS, This is an action against the defendant as one of several makers of a promissory note executed in the State of Mississippi, payable to the order of and endorsed by John McClellan. The defendant pleaded the general issue: and that the note sued on was given for the price of a tract of land, to which McClellan, the vendor, was ’ unable and failed to make any title.
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APPEAL FROM THE COMMERCIAL COUHT OF NEW ORLEANS, This is an action against the defendant as one of several makers of a promissory note executed in the State of Mississippi, payable to the order of and endorsed by John McClellan. The defendant pleaded the general issue: and that the note sued on was given for the price of a tract of land, to which McClellan, the vendor, was ’ unable and failed to make any title. That if the plaintiff is the true owner of the pote (which is denied,) he took it after it was due, knowing the equities existing between the original parties. He prays that the…
1Opinion of the CourtGartand, J.
This action is brought by the endorsee of a promissory note executed by the defendant and several other persons. The answer presents several grounds of defence; to it are attached various interrogatories, which upon the usual affidavit, the plaintiff was ordered to answer. The defendant took no steps to have the interrogatories answered. The counsel for the plaintiff (who is a resident of Mississippi,) sent a copy of the interrogatories to their client, without a commission or any authority emanating from the court to take his answers. He went before a person who styles himself a Justice of…
2Cases cited2 opinions
- Jackson v. LarcheSupreme Court of Louisiana · 1822
- Edmonson v. Mississippi & Alabama Rail RoadSupreme Court of Louisiana · 1839
3Cited by2 opinions
- Van Wyck v. HillsSupreme Court of Louisiana · 1843
- Cabinet Makers Union v. SommersLouisiana Court of Appeal · 1884