Union National Bank v. Succession of Lee
Supreme Court of Louisiana
APPEAL from the Second District Court, parish of Orleans. Tissot, J. “ Defendant who pleads the general issue without confessing or denying his signature, is considered as having confessed it.” 8 N. S. 300; 1 La. 488 j 2 La. 420 ; 5 La. 33; 14 La. 361; 19 La. 86-88; 8 La. 312. Where the endorser of a check writes over his name, “I waive demand of payment of this note on the maker on the day of maturity, and I waive protest thereof, and notice of demand and protest, and hold…
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APPEAL from the Second District Court, parish of Orleans. Tissot, J. “ Defendant who pleads the general issue without confessing or denying his signature, is considered as having confessed it.” 8 N. S. 300; 1 La. 488 j 2 La. 420 ; 5 La. 33; 14 La. 361; 19 La. 86-88; 8 La. 312. Where the endorser of a check writes over his name, “I waive demand of payment of this note on the maker on the day of maturity, and I waive protest thereof, and notice of demand and protest, and hold myself liable as endorser in the same manner as if demand, protest and notice will have been made the day of maturity,”…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
Plaintiff sues on five promissory notes of ten thousand ■dollars each, drawn on July 3d, 1866, by R. C. Cummings to the order of Thomas B. Lee, and,endorsed by him, maturing respectively on the first of January, 1869,1870,1871,1872 and 1873.
Citation was served on the executrix on the 14th of April, 1875.
The defense is a-general denial and the plea of prescription of five years.
The District Judge gave judgment of nonsuit on the note maturing January, 1869, on the ground of want of protest and notice of protest, and gave judgment in favor of…
2Cited by6 opinions
- Lewy v. WilkinsonSupreme Court of Louisiana · 1914
- Maddox v. RobbertSupreme Court of Louisiana · 1928
- Amoss v. BurlesonLouisiana Court of Appeal · 1928
- Henderson v. AlfordLouisiana Court of Appeal · 1925
- Haas v. JohnsonSupreme Court of Louisiana · 1943
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