J. W. Burbridge & Co. v. Anderson
Supreme Court of Louisiana
APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Hudspeth, J. First — Defendant has the right to amend his answer, provided the application is made at the proper time, and the amended answer does not alter the substance of the original answer. ■Second — The plea of a want of consideration, in a suit on a promissory note, is not inconsistent with the general issue ; and defendant is at liberty to plead want of consideration, either by coupling it with…
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APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Hudspeth, J. First — Defendant has the right to amend his answer, provided the application is made at the proper time, and the amended answer does not alter the substance of the original answer. ■Second — The plea of a want of consideration, in a suit on a promissory note, is not inconsistent with the general issue ; and defendant is at liberty to plead want of consideration, either by coupling it with the general denial, or by presenting it in an amended answer. 19 An. 207. 'Third — The general issue on a promissory…
1Opinion of the Court
*878The opinion of the Court was delivered by
Poché, J.
This is an action on a promissory note for the sum of $1836 05, subscribed by Thomas 0. Anderson, on May 15th, 1877,. payable two years after date, to the order of Elbert Gantt, indorsed by the latter, and duly protested for non-payment at maturity.
On December 23d, 1879, defendants filed a general denial.
On January 14th, 1880, they offered to file an amended answer, in. which they alleged want of consideration of the note sued upon, for the reason that at the time of the execution of the note in suit plaintiffs-were indebted to defendant…
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