City Council v. Decaudine
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FOURTH DISTRICT, FOR THE PARISH OF PLAQUEMINE, THE JUDGE OF THE SECOND PRESIDING. This is an action against the defendant and his sureties, on their four promissory notes, given for the sale of a ferry across the Bayou Plaquemine, by the city council of said town. The defendants admitted their signatures, but denied that they were bound, because there was a failure of consideration.
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APPEAL FROM THE COURT OF THE FOURTH DISTRICT, FOR THE PARISH OF PLAQUEMINE, THE JUDGE OF THE SECOND PRESIDING. This is an action against the defendant and his sureties, on their four promissory notes, given for the sale of a ferry across the Bayou Plaquemine, by the city council of said town. The defendants admitted their signatures, but denied that they were bound, because there was a failure of consideration. That their notes were given in error of fact and law, and are void. They expressly aver that these notes were given for the sale of the ferry across Bayou Plaquemine, by order of the…
1Opinion of the CourtMartin, J.
The defendants are appellants from a judgment on their four several promissory notes, given for the lease of a ferry across the Bayou Plaquemine for one year. They allege that said notes were given without consideration, inasmuch as the said ferry was under the control, and had actually been sold out to another person by the police jury of the parish of Iberville, within which, the town of Plaquemine and said ferry are situated.
This case turns upon the legality of the adjudication of the ferry by the corporation of the town of Plaquemine, to one of the defendants, and that of the police jury…
2Cited by1 opinion
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