Marshall v. Overbay
Supreme Court of Louisiana
Eastern Dist. ArPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING. This is an action by the plaintiff as assignee of the following promissory note against the defendant, Overbay, as endorser, and also, against the maker of said note.
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Eastern Dist. ArPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING. This is an action by the plaintiff as assignee of the following promissory note against the defendant, Overbay, as endorser, and also, against the maker of said note. The plaintiff alleges, that Matthew Joyner is liable as the maker, and that Elizabeth Overbay, (then Elizabeth Boyd,) as endorser, together with her husband, Henry Overbay, are also liable, (the said Elizabeth having expressly waived protest and notice of the non-payment thereof,) wherefore he prays judgment against said…
1Opinion of the CourtBullard, J.
The opinion we have formed upon the merits of this case, according to the evidence in the record, makes it unnecessary for us to decide upon a bill 'of exceptions to which our attention was called in the argument, relating to the right of the defendant to amend after the trial had commenced.
The defendant, who is a married woman, is sued as endorser of a promissory note. She endorsed the note in question before her marriage, but afterwards, and before its maturity, it is alleged she waived the necessity of a demand, *163and agreed to consider herself equally bound as though a legal demand and…
2Cited by1 opinion
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