Legal Opinion · Dissent

Lee Tire & Rubber Co. v. Frederick-Planche Motor Co.

Louisiana Court of Appeal

Decided April 7, 1938No. 1820Published

1DissentOtt, Judge

I agree with the majority opinion wherein it is held that the indorsers on the notes sued on have been released from liability for the failure to protest the notes and give notice of dishonor to the indorsers. I also agree with the majority opinion on the legal principle that plaintiff had a right to file the second supplemental petition and base its right to recover on the guaranty agreement signed by the indorsers on September 7, 1929, if that guaranty agreement is still in effect. But I respectfully disagree with the holding of the majority that this guaranty agreement is in force and…

2Cases cited2 opinions

  1. White Co. v. Hammond Stage LinesSupreme Court of Louisiana · 1934
  2. Amoss v. BurlesonLouisiana Court of Appeal · 1928

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