Legal Opinion

Louisiana State Bank v. Senecal

Supreme Court of Louisiana

Decided May 15, 1839PublishedCited by 12 opinions

APPEAL PROM THE PARISH COÚRT, POR THE PARISH AND dITT OP NfiW-ORLEANS. This is an action by the bank against the endorser of a promissory note.

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APPEAL PROM THE PARISH COÚRT, POR THE PARISH AND dITT OP NfiW-ORLEANS. This is an action by the bank against the endorser of a promissory note. The case was remanded from this court at April Term, 1837, to allow the defendant to offer evidence that he endorsed the note for the accommodation of the drawer, and that it was stipulated by the vendor, in an act of sale, that the note should not be negotiated, nor payment exacted until certain mortgages, existing on the property for which it was given in part payment of the price, should be raised. See 11 Louisiana Reports, 29. On the return of the…

1Opinion of the CourtRost, J.

This case has been twice before this court, and the facts of it are fully stated in the printed report of the last decision, 11 Louisiana Reports, 29. It was remanded to enable the defendant to prove that the note upon which he is sued had been discounted by the plaintiffs, with the knowledge of certain stipulations in a notarial act, under which said note was not to be negotiated until certain general mortgages, existing upon the property for which it had been given, were raised.- The Parish Court gave judgment against him, and he appealed. 1

It was proved on the trial, that the note was…

2Cited by12 opinions

  1. Commercial Bank v. BurgwynSupreme Court of North Carolina · 1892
  2. Mann v. Second National BankSupreme Court of Kansas · 1883
  3. Security Trust & Savings Bank of Charles City v. GleichmannSupreme Court of Oklahoma · 1915
  4. Bank of Monroe v. E. C. Drew Inv. Co.Supreme Court of Louisiana · 1910
  5. First National Bank v. NorthupSupreme Court of Kansas · 1910

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