Union National Bank v. Grant
Supreme Court of Louisiana
APPEAL from the Oivil District Court for the Parish of Orleans. Ellis, J. There is error to the prejudice of plaintiff bank in the opinion heretofore herein rendered. Because said opinion wrongfully holds that the discharge of the insolvent debtors, H. Kern & Sons, in their oessio bonorum, discharged defendant endorser, J. G. Grant, from his liability on their notes, whereas said discharge was and is merely personal to their debtors. Const.
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APPEAL from the Oivil District Court for the Parish of Orleans. Ellis, J. There is error to the prejudice of plaintiff bank in the opinion heretofore herein rendered. Because said opinion wrongfully holds that the discharge of the insolvent debtors, H. Kern & Sons, in their oessio bonorum, discharged defendant endorser, J. G. Grant, from his liability on their notes, whereas said discharge was and is merely personal to their debtors. Const. U. S., Art. 1 Sec. 10; Rev. O. 0., Art. 2177; 10 Rob. 43; 8 Rob. 204; 4 An. 359; Pothier on Obligations, Yol. 1, No. 381; 3 N. S. 28; 42 An. 540; 12…
1Opinion of the Court
The opinion of the court was delivered by
Miller, J.
This suit seeks to make a defendant liable as endorser on notes. The defence is that the plaintiff has discharged the *20maker o£ the notes. From the judgment in favor of defendant plaintiff appeals. •
The notes were to the order of the makers, by them endorsed, and defendant’s name is on the back of the notes following the payee’s endorsement. In that condition the notes were acquired by the plaintiff from the makers. When the notes matured defendant, at plaintiff’s request, waived demand, protest and notice.' The makers applied for the benefit…
2Cases cited2 opinions
- McGuire v. WooldridgeSupreme Court of Louisiana · 1843
- Lobdell v. NiphlerSupreme Court of Louisiana · 1832
3Cited by9 opinions
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- Haworth v. ChapmanSupreme Court of Florida · 1933
- Central Sav. Bank & Trust Co. v. Oilfield Supply & Scrap Material Co.Supreme Court of Louisiana · 1943
- Lewy v. WilkinsonSupreme Court of Louisiana · 1914
- Atkins v. Dixie Fair Co.Supreme Court of Louisiana · 1914
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