Jones v. Young
Supreme Court of Louisiana
Western Dis. APPEAL ÍRONC THE COURT OP THE SIXTH DISTRICT POR THE PARÍSH O? RAPIDES, THE JUDGE THEREOF PRESIDING*. This is an action on a promissory note, signed by the defendant the 3d February, 1830, for $1655 95, payable to the order of Stephen Tippett, and by him and others endorsed. On the 11th April, 1837, the note was transferred to the plaintiff and before it was due, by the Tippetts, subrogating him to all their rights against the maker.
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Western Dis. APPEAL ÍRONC THE COURT OP THE SIXTH DISTRICT POR THE PARÍSH O? RAPIDES, THE JUDGE THEREOF PRESIDING*. This is an action on a promissory note, signed by the defendant the 3d February, 1830, for $1655 95, payable to the order of Stephen Tippett, and by him and others endorsed. On the 11th April, 1837, the note was transferred to the plaintiff and before it was due, by the Tippetts, subrogating him to all their rights against the maker. The defendant pleaded the general issue and averred, that the note wds given with others for the price of a piece of land, from which he had been…
1Opinion of the CourtBullard, J.
This is kn action by the endorsee of a promissory note 'against the maker.' The defendant pleads, that the note was given with others in part consideration of a tract of land, which he purchased of Stephen Tippett and others. That he has since been- evicted ’of the land fovr which the note was given, and that the consideration has failed. That these facts were Within the knowledge of the plaintiff, and he took them subject to all legal exceptions against the payee. That the transfer of t'he note by the payee was in fraud of his rights. That it was agreed and 'understood, that the note When…
2Cited by1 opinion
- Gallagher v. GallagherLouisiana Court of Appeal · 1964