M'Kinney v. Beeson's Estate
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH ANB CITY OF NEW-ORLEANS. This is an action against the maker of a promissory note, made payable to the order of, and endorsed in blank, by Messrs. Sloo & Byrne, and also by W. W. Stewart. The maker of the note, Amos Beeson, having died, suit was . . . .... . . ' . instituted against his widow, as partner m the community, and tutor to the minor children, and as representing the estate of the deceased.
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Eastern Dist. APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH ANB CITY OF NEW-ORLEANS. This is an action against the maker of a promissory note, made payable to the order of, and endorsed in blank, by Messrs. Sloo & Byrne, and also by W. W. Stewart. The maker of the note, Amos Beeson, having died, suit was . . . .... . . ' . instituted against his widow, as partner m the community, and tutor to the minor children, and as representing the estate of the deceased. The attorney and agent of the widow Beeson, pleaded a . general denial, and denied specially, that the note was ever transferred to…
1Opinion of the CourtMorphy, J.
This is an action by the holder of a promissory note against the estate of the maker. The answer sets up in defence divers matters, amounting, in substance, to a denial that the petitioner has any right to the note sued on; that it was ever legally transferred to him ; or that be ever gave for it a bona fide consideration. Upon the evidence adduced in * support of this defence, which was taken subject to all legal exceptions, there was a judgment of non-suit, from which the plaintiff has appealed,
A bare denial of a plaintiff’s right to a negotiable in-strumenh which is put in suit, cannot of…
2Cited by3 opinions
- City Savings Bank & Trust Co. v. GoodmanSupreme Court of Louisiana · 1924
- Carrol v. PetersLouisiana Court of Appeal · 1881
- Weston v. Merchants' Bank & Trust Co.Mississippi Supreme Court · 1935