Succession of Scullin
Supreme Court of Louisiana
Appeal from Civil District Court, Parish ■of Orleans; George H. Thgard, Judge. In the matter of the succession of Thomas F. Scullin, deceased, in which the Cosmopolitan Bank & Trust Company filed an opposition to the final account of the executor. From a judgment granting relief, the party •aggrieved appeals.
1Opinion of the CourtProvosty, J.
The Cosmopolitan Bank & 'Trust Company lias filed an opposition to the final account of the executor, asking to be placed on same as a creditor for a debt for which the de cujus was surety.
The defense is that said suretyship was without consideration, a nudum pactum, null ;and void, because it never had any other consideration than this debt itself, which could not serve as such, because it was already due at the time the connection of the de cujus with it began, and no extension of time was ■ever granted upon it, and no forbearance to •sue upon it ever agreed to.
The facts are that the de…
2Cases cited1 opinion
- Dugas v. Town of DonaldsonvilleSupreme Court of Louisiana · 1881