Legal Opinion

Bank of Lafayette v. Bruff

Supreme Court of Louisiana

Decided May 15, 1881No. 7925PublishedCited by 5 opinions

PPEAL from the Eifth District Court for the parish of Orleans. Rogers, J. First — A married woman, authorized by her husband, may become a surety for a third person.

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PPEAL from the Eifth District Court for the parish of Orleans. Rogers, J. First — A married woman, authorized by her husband, may become a surety for a third person. G. C. 124,1781, 2397; Farrel vs. Toe et al., 2 An. 903; Helwig vs. West and Wife, 2 An. 1; Roberts vs. Wilkinson, 5 An. 377. Second — A concealed and unknown interest of the husband in a concern, cannot invalidate the suretyship given by a married woman to obtain credit for the owner of such business, in whose name it is conducted. Third — The suretyship was legally given in a negotiable instrument, and passed into the hands of…

1Opinion of the Court

The opinion of the Court was delivered by

Poché, J.

Defendant appeals from a judgment against her on four promissory notes of $500 each, executed by her in Eebruary, 1871, with *625the authorization of her husband (who was then living), and secured by mortgage on her separate property, and she urges the following defenses.

1st. Want of consideration.

2d. That the consideration, if any, did not inure to her benefit, .but to that of her husband in his business.

3d. That the original drawees, J. W. Homan & Co., well knew, in taking said notes, that they were without consideration as to defendant.

4th.…

2Cited by5 opinions

  1. Fidelity & Deposit Co. v. JohnstonSupreme Court of Louisiana · 1906
  2. Withers v. SandlinSupreme Court of Florida · 1895
  3. Laing v. Gainey Builders, Inc.District Court of Appeal of Florida · 1966
  4. S. B. Hicks Motor Co. v. CaldwellSupreme Court of Louisiana · 1920
  5. Fidelity & Deposit Co. v. JohnstonSupreme Court of Louisiana · 1906

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