Folger v. Palmer
Supreme Court of Louisiana
PPEAL from tlie Civil District Court for tlie Parish of Monroe, J. The president of a bank who, in suing upon a note, avers that the paper sued on belongs to the bank, is bound individually by the averment and cannot thereafter gainsay it.
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PPEAL from tlie Civil District Court for tlie Parish of Monroe, J. The president of a bank who, in suing upon a note, avers that the paper sued on belongs to the bank, is bound individually by the averment and cannot thereafter gainsay it. Farrar vs. Stacey, 2 An. 211; Taylor vs Normand, Adm’r, 12 Rob. 241 ? Osborn vs. Legras, 29 An. 293; Denton vs. Erwin, 2 An. 22; Gridley vs. Conner, 4 An. 416; Greenleaf on Evidence, §22. Even the State has been held estopped by its averments. State vs. Taylor, 28 An. 460; State ex rel. Morgan, 28 An. 121. A party will not be permitted to contradict the…
1Opinion of the Court
The opinion of the Court was delivered by
Poohé, J.
Defendant enjoins the execution of a judgment rendered against him in favor of plaintiff, on the ground that, in April, 1879, he acquired the ownership of a note due by plaintiff, which, as far as its amount goes, compensates the claim and judgment sought to be enforced against him.
*744His petition for injunction was met by a plea of estoppel, urging that in June, 1879, the defendant, as President of the Louisiana Savings Bank, had brought suit against Folger on the same note, which was then alleged to be the property of said Bank; urging further,…
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