Allen, Nugent & Co. v. Cary
Supreme Court of Louisiana
\ PPEAL from the Third District Court, parish of Orleans. Monroe, J. The Court a qua, after hearing, determined the solvency of the surety. A commercial firm is competent to become sureties where the partners consent, and the person signing the bond is always bound and is a good surety.
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Bermudez, C. J.
The appeal bond in this case was signed by A. H. May, in the name of the firm of Richardson & May, as surety, of which he was a member.
It is claimed that, because the bond is signed in the name of the partnership, it is irregular and void. In support, it is said: that the name of the proposed surety is not that of a person able to contract; that the firm, as such, cannot become surety without the consent of its .members ; that one of the members is a non-resident and does not possess the requisites of the law ; that…
2Cited by2 opinions
- Zavaglia v. NotarbartoloSupreme Court of Louisiana · 1915
- State ex rel. Saragusa v. OttSupreme Court of Louisiana · 1919