Bauduc v. His Creditors

In this case,

*248Porter, J.:

I agree with my brethren in this case, on one of the points made by the appellants. I think a mortgage may be given to secure previous, as well as prospective endorsements. The objection rests principally on the expressions used in the 3259th article of our code; and it is contended, under the maxim expressio unius est exclusio alterius, that because it is there said mortgages may be given by way of security for endorsements which another promises to make, they cannot be given for those already made. I think this construction allows to the argument, contrario sensu, a…