Arnous v. Davern
Supreme Court of Louisiana
ADI'EAL EROM THE COMMERCIAL COURT OE NEW ORLEANS. This is an hypothecary action of six promissory notes executed by H. Lockett, payable to the order of F. Frey & Co., amounting to $3900 with interest, given as the price of certain city lots, with mortgage in favor of the plaintiff, the original vendor, and assumed by the defendants as the vendees of Lockett. Judgment is prayed against them with mortgage and privilege on the lots of ground.
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ADI'EAL EROM THE COMMERCIAL COURT OE NEW ORLEANS. This is an hypothecary action of six promissory notes executed by H. Lockett, payable to the order of F. Frey & Co., amounting to $3900 with interest, given as the price of certain city lots, with mortgage in favor of the plaintiff, the original vendor, and assumed by the defendants as the vendees of Lockett. Judgment is prayed against them with mortgage and privilege on the lots of ground. The defendants denied their liability to pay the notes sued on, because the consideration, they allege, for which they assumed their payment has failed,…
1Opinion of the CourtBullard, J.
The defendants are sued upon four promissory notes, amounting to three thousand nine hundred dollars, drawn by PI. Lockett in favor of the plaintiff, but which the defendants assumed and engaged to pay as part of the price of certain City Lots purchased by them of Lockett, and which he had previously bought of the plaintiff. The lots sold to the defendants by Lockett are described to be “ joining each other, situated in the suburb St. Mary, designated by Nos. 19, 20, 21 and 22, in the square bounded by Circus, Girod, St. John, and Julia streets, agreeably to a plan drawn by L. J. Pilié,…
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