Wallace & Co. v. Harty
Supreme Court of Louisiana
Appeal from the court of the first judicial district. This is an action instituted against the maker and indorsor of a promissory note. The defendants denied that the plaintiffs were the owners of the note, but that it belonged to one Daniel Murphy and was given to him in part payment [26] of the price of certain lots of ground in Lafayette, for which a suit has since been instituted by the heirs of Poultney, and is now pending.
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Appeal from the court of the first judicial district. This is an action instituted against the maker and indorsor of a promissory note. The defendants denied that the plaintiffs were the owners of the note, but that it belonged to one Daniel Murphy and was given to him in part payment [26] of the price of certain lots of ground in Lafayette, for which a suit has since been instituted by the heirs of Poultney, and is now pending. They also propounded certain interrogatories to the plaintiffs touching the ownership of the note, which they pray may be answered and the suit dismissed. The…
1Opinion of the CourtMoepiiy, J.
The .defendants being sued as the maker and indorser of a promissory note of $1412 50, averred that the plaintiffs had no right or interest in the same; that it belonged to one Daniel Murphy, to whom it had been given in part payment of certain lots of ground situated in the suburb Lafayette, in the parish of Jefferson; and that a suit had been instituted and was still pending in the circuit court of the United States, by the heirs of Poultney, who asserted title to the said property. In order to prove plaintiffs’ want of interest in the note sued on, defendants propounded to them…
2Cited by2 opinions
- Bonvillain v. BodenheimerSupreme Court of Louisiana · 1906
- Bayley v. DennySupreme Court of Louisiana · 1874