Franklin v. Verbois
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE PIRST JUDICIAL DISTRICT. This is an action against the drawer and endorsers of a promissory note for one thousand three hundred and twenty five dollars, given to the plaintiff in New-Orleans, as the price of two slaves purchased from the latter, the payment of which is also secured by mortgage retained on the slaves.
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APPEAL PROM THE COURT OP THE PIRST JUDICIAL DISTRICT. This is an action against the drawer and endorsers of a promissory note for one thousand three hundred and twenty five dollars, given to the plaintiff in New-Orleans, as the price of two slaves purchased from the latter, the payment of which is also secured by mortgage retained on the slaves. The note is dated the 23d of November 1831, and payable in all the month of March 1833. It was put into the Bank of Louisiana for collection. The notary public states in his protest of the note for non-payment, that he “made diligent inquiry at…
1Opinion of the Court
Bullard. J.,
delivered the opinion of the court.
The counsel for the appellant claims the reversal of the . judgment rendered in the District Court, on two grounds.
1. That the judge U quo erred in thinking that the en*730dorsers of the note sued on were absolved from liability on account of the irregularity in the protest made by the notary.
gení'in’laiiy^for ™te11amfto°La wtthorSoMn demandt0of“ayment, will excuse the want of a formal demand. Tim act of not introduced toy«'eW demand necessary to bo made on makers of notes or ac~ drawer! of bin” Sutl 'a" legal m<Xfo°aspato bind endorsers must depend…
2Cited by8 opinions
- City of Guthrie v. WylieSupreme Court of Oklahoma · 1896
- Follain v. DupreSupreme Court of Louisiana · 1845
- Baggett v. RightorSupreme Court of Louisiana · 1843
- Manadue v. KitchenSupreme Court of Louisiana · 1842
- Bank of Kentucky v. DuncanCourt of Appeals of Kentucky · 1868
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