Pascal v. Sauvinet
Supreme Court of Louisiana
APPEAL from the Parish Court of New Orleans, Maurian, J. Under no circumstances can a wife become surety for her husband. Civ. Code, art. 2412. The form of the contract will be disregarded, if, in point of fact, she turns out to be a mere surety, when she was made to appear in the light of a principal.
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APPEAL from the Parish Court of New Orleans, Maurian, J. Under no circumstances can a wife become surety for her husband. Civ. Code, art. 2412. The form of the contract will be disregarded, if, in point of fact, she turns out to be a mere surety, when she was made to appear in the light of a principal. It is for those who treat with a married woman to be upon their guard, and to see that the obligation she contract, turns to her benefit and advantage. 4 Rob. 510. 7 Mart. 484,489. 2 Mart. N. S. 44. 5 Ibid. N. S. 431, 454, 528. 7 Ibid, N. S. 64, 252, 341. 8 Ibid, N. S. 692. 587-90. 10 La. 147,…
1Opinion of the Court
The judgment of the court was pronounced by
King-, J.
The plaintiff has enjoined the execution of an order of seizure and sale obtained by the defendant, alleging that her consent was never given to the mortgage which is sought to be enforced on her property, and that the mortgage was fraudulently obtained, to secure the payment of a sum of money borrowed by her husband for his own use, no part of which inured to her benefit. The injunction was dissolved in the lower court, and the plaintiff has appealed-
It appears that the plaintiff is separated in property from her husband, and owns the lotof…
2Cases cited2 opinions
- Abat v. RionSupreme Court of Louisiana · 1821
- Firemens' Insurance Co. of New Orleans v. CrossSupreme Court of Louisiana · 1843
3Cited by2 opinions
- Fortier v. New Orleans National BankSupreme Court of the United States · 1884
- Dayries v. LindslySupreme Court of Louisiana · 1911