Van Pelt & Fowler v. Eagle Insurance
Supreme Court of Louisiana
APPEAL FROM THE COMMERCIAL COURT OF NEW ORLEANS. This is an action against the makers and endorsers of a pro- • . missory .note. The defendants set np a special defence whichAs set out in the opinion of the court, and need not he recapitulated. The note was negotiable in its form, signed by J. Whitehead, President, payable “ to the order of Messrs. Ferguson, Parker & Co.,” and endorsed by them “ pay to Van Pelt & Fowler, or order.”
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APPEAL FROM THE COMMERCIAL COURT OF NEW ORLEANS. This is an action against the makers and endorsers of a pro- • . missory .note. The defendants set np a special defence whichAs set out in the opinion of the court, and need not he recapitulated. The note was negotiable in its form, signed by J. Whitehead, President, payable “ to the order of Messrs. Ferguson, Parker & Co.,” and endorsed by them “ pay to Van Pelt & Fowler, or order.” The plaintiffs received the note in New York, and instituted this suit against the Eagle Insurance Company, through its President, who executed the note, and…
1Opinion of the CourtGarland, J.
This action is on a promissory note drawn by J. Whitehead, President of the Eagle Insurance Company, made payable to' Ferguson, Parker & Co., or order, twelve months after date,for $11,980 35, with 6 per cent, interest until paid, dated February 1st, 1839. .About the month of July in the same year the note was endorsed by the payees and delivered to the plaintiffs, and not being paid at maturity was protested and súit instituted. The defence is, that the note Was made under the condition of not being paid until other claims owing by the company were discharged, that the note was transferred…
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