Baine v. Wilson
Supreme Court of Louisiana
Appeal from the commercial court of Slew Orleans. This is an action against the defendant as one of several makers of a promissory note executed in the State of Mississippi, payable to the order of and indorsed by John McClellan. The defendant pleaded the general issue: and that the note sued on was given for the price of a tract of land, to which McClellan, the vendor, was unable and failed to make any title.
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Appeal from the commercial court of Slew Orleans. This is an action against the defendant as one of several makers of a promissory note executed in the State of Mississippi, payable to the order of and indorsed by John McClellan. The defendant pleaded the general issue: and that the note sued on was given for the price of a tract of land, to which McClellan, the vendor, was unable and failed to make any title. That if the plaintiff is the true owner of the note (which is denied,) he took it after it was due, knowing the equities existing between the original parties. He prays that the…
1Opinion of the CourtGarland, J.
This action is brought by the indorsee of a promissory note executed by the defendant and several other persons. The answer presents several grounds of defence; to it are attached various interrogatories, which upon the usual affidavit, the plaintiff was ordered to answer. The defendant took no steps to have the interrogatories answered. The counsel for the plaintiff (who .is a resident of Mississippi,) sent a copy of the interrogatories to their client, without a commission or any authority emanating from the court to taire his answers. He went before a person who styles himself a justice of…
2Cases cited2 opinions
- Jackson v. LarcheSupreme Court of Louisiana · 1822
- Edmonson v. Mississippi & Alabama Rail RoadSupreme Court of Louisiana · 1839