Banks v. Brander
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE WATTS PRESIDING. This is an action against the acceptors of a bill of exchange.
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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE WATTS PRESIDING. This is an action against the acceptors of a bill of exchange. The defendants admit their acceptance, but aver that the bill was accepted for the accommodation of the- drawer, L. Tanner; the defendants not having at the time, nor since, funds of the drawer in their hands ; that the plaintiff well knew their acceptance was an accommodation, and that being sureties of the drawer, the holder is bound to discuss the property of the drawer before proceeding against them. That said Tanner is perfectly solvent, and has…
1Opinion of the CourtMartin, J.
The defendants, sued as acceptors of a bill of exchange, *276pleaded the general issue, and that they accepted the bill for the accommodation of the drawer, having no funds of his in hands, to the knowledge of the plaintiffs. That thus they are sureties of the drawer, who is first to be sued, and . . , , . 1 „ „ . has unincumbered property in the parish or JLerrebonne. They averred themselves ready to advance the costs of discussion : further, that the plaintiff indulged the drawer with a delay of payment, and agreed with the defendants to receive sugar in payment of the draft; that they have…
2Cited by3 opinions
- J. Davidson Hill & Co. v. BourcierSupreme Court of Louisiana · 1877
- M'Gary v. President of LafayetteSupreme Court of Louisiana · 1846
- Stafford v. Cranor Lumber Co.Louisiana Court of Appeal · 1909