State v. Judge of the Commercial Court of New Orleans
Supreme Court of Louisiana
Rule to show cause why a mandamus should not be issued to the Judge of the Commercial Court of New Orleans, directing him to proceed with the trial of the case of Heath v. Bein and Husband.
1Opinion of the CourtGarland, J.
Robert Heath commenced an action in the Com-, mercial Court, as the endorsee of a promissory note, against Mary Bein the maker, and Richard Bein, her husband, as the endorser, The former for answer alleged that she had given the note for a debt owing by her husband, who derived the whole and exclusive *228benefit of the same, She further answered, that she signed it as the surety of her husband ; that she was legally incapable of executing such an obligation in favor of her husband so as to be binding on her ; that the same is null and void; and that her husband could not transfer to any one such…
2Cited by1 opinion
- Scollay v. DunnMassachusetts Supreme Judicial Court · 1763