Anderson v. Dinn
Supreme Court of Louisiana
Appeal from the commercial court of New Orleans. This is an action on a promissory note for six hundred dollars executed by the defendant, payable on the 23d April, 1839. [169] The defendant admits his signature hut denies that he is in any manner indebted to the plaintiffs.
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Appeal from the commercial court of New Orleans. This is an action on a promissory note for six hundred dollars executed by the defendant, payable on the 23d April, 1839. [169] The defendant admits his signature hut denies that he is in any manner indebted to the plaintiffs. He expressly avers a failure of consideration of the note; and states that it, together with nine others, was given in pursuance of a contract for the delivery of a quantity of Moms Multicaulis trees, amounting in all to $5570; that six of these notes making an aggregate of $3600 have been paid; the seventh one now in…
1Opinion of the CourtGaeland, J.
The plaintiffs commenced three suits on four promissory notes given by defendant, amounting to $1970, payable at different periods, which being consolidated the defence is the same in all, though there are different answers in the record. The defendant says the consideration of the notes, as well as several others given by him to plaintiffs and paid, was a large quantity of trees sold by them and warranted as the Morus Multicaulis, which he says proved to be different kinds of the mulberry tree of little or no value, wherefore there has been a failure of the consideration of the notes, which…
2Cited by1 opinion
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