Legal Opinion

Koch v. Godchaux

Supreme Court of Louisiana

Decided July 15, 1894No. 1466PublishedCited by 3 opinions

APPEAL from the Eleventh Judicial District Court, Parish of. St Landry. Perrault, J. Notes made payable to a particular-person .and. not bearer, nor to the. payee or order, are not negotiable and. do not fall.under the commercial law. 12 R. 144, 150; 3 An. 220; 4 An. 233, 127; .7 An. 599; 25 An. 49..

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APPEAL from the Eleventh Judicial District Court, Parish of. St Landry. Perrault, J. Notes made payable to a particular-person .and. not bearer, nor to the. payee or order, are not negotiable and. do not fall.under the commercial law. 12 R. 144, 150; 3 An. 220; 4 An. 233, 127; .7 An. 599; 25 An. 49.. When the judge grants an injunction on,.the.allegations under, oath of any of the reasons mentioned in the.-preceding-article he shall require no surety from the defendant, but he shall pronounce summarily upon the merits of his opposition if the plaintiff requires it, as is explained below. O.…

1Opinion of the Court

The opinion of the court was delivered by

Miller, J.

The plaintiff issued executory process on two promissory notes made by defendant, for amounts aggregating, with the ten *1384per centum-for attorney’s fees, stipulated in the .mortgage acts, an amount less than two-thousand dollars. The defendant obtained an injunction without bond under Arts. 738, 739, Code of Practice, to arrest the execution of the writ of seizure and sale. The opposition substantially averred- that the notes were given for the purchase by defendant of the interest in a commercial partnership of Albert M. Silbernagle; that h,e…

2Cases cited2 opinions

  1. Minot v. President of the Bank of the United StatesSupreme Court of Louisiana · 1843
  2. Hozey v. M'DougallSupreme Court of Louisiana · 1840

3Cited by3 opinions

  1. Coco v. MacK Motor Truck Corp.Supreme Court of Louisiana · 1958
  2. De Brueys v. BurnsSupreme Court of Louisiana · 1918
  3. Marine Bank & Trust Co. v. ShafferSupreme Court of Louisiana · 1922

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