Cornie v. Le Blanc
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST DISTRICT. The petition set forth that one Bijotat had executed to the plaintiff á promissory note for one thousand two hundred dollars, which the defendant assumed to pay. That six hundred dollars had been received on account, leaving a like sum unpaid, and to recover which, the present action was brought.
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APPEAL FROM THE COURT OF THE FIRST DISTRICT. The petition set forth that one Bijotat had executed to the plaintiff á promissory note for one thousand two hundred dollars, which the defendant assumed to pay. That six hundred dollars had been received on account, leaving a like sum unpaid, and to recover which, the present action was brought. The assumpsit of the defendant, and the receipt from him of one-half the amount of the note ivas proved by the testimony of Romain, who acted as the agent of the plaintiff, and who further testified that when the assumpsit was given, the defendant observed…
1Opinion of the CourtMathews, J.
This is a case in which an attempt is made to make the defendant responsible on an alleged assumpsit to pay a promissory note for one thousand two hundred dollars, executed *214by a certain Anguste Bijotat to the plaintiff. The only witness 0fperecj to pr0Ve the assumpsit is one Pierre Romain. A suit was formerly instituted on the same grounds of action now set forth in the present, which was brought up by appeal to this court, and the plaintiff non-suited for want of legal proof to support his case. On the re-commencement of suit in the court below, the cause was tried by a jury, who gave a…
2Cited by1 opinion
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