Nott v. Brander
Supreme Court of Louisiana
Eastern Dist. AFTEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. This is an aotion against Brander, M’Kenna & Wright as acceptors of a bill of exchange, made payable to the order of ; Wm. M. Gwinn, whose name is endorsed thereon in blank. The plaintiff alleges that M. Y. King & S. Nel,son, at Tchula, Mississippi, the 15th June, 1836, drew their bill of exchange on the defendants, payable thirteen months after date to the order of W. M. Gwinn, who accepted to pay the same.
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Eastern Dist. AFTEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. This is an aotion against Brander, M’Kenna & Wright as acceptors of a bill of exchange, made payable to the order of ; Wm. M. Gwinn, whose name is endorsed thereon in blank. The plaintiff alleges that M. Y. King & S. Nel,son, at Tchula, Mississippi, the 15th June, 1836, drew their bill of exchange on the defendants, payable thirteen months after date to the order of W. M. Gwinn, who accepted to pay the same. That (hey did not at maturity pay it, which was protested ; as by said bill and protest, hereto annexed, more fully appears.…
1Opinion of the CourtMorphy, J.
The defendants are sued on their acceptance of a draft payable to the order of W. M. Gwinn. The answer is a general denial. The case was tried below ex parte, and decided in favor of plaintiffs. After a fruitless attempt to obtain a new trial, defendants appealed.
In this court they have assigned various errors apparent *370on the face of the record. Of these, it will be material to notice Only two, t.0 wit 1
It is necessary to allege and prove the en-dorsementbythe payee of a draft, in order to.entitle the holder to recover. Whatever might have been cured by evidence, or admission in the court…
2Cited by6 opinions
- Atkins v. Dixie Fair Co.Supreme Court of Louisiana · 1914
- Havana American Co. v. Board of AssessorsSupreme Court of Louisiana · 1901
- Drumm v. BradfuteSupreme Court of Louisiana · 1866
- Borzone v. BurkeLouisiana Court of Appeal · 1884
- Fackler v. T. C. Clanton Lbr. Co.Louisiana Court of Appeal · 1931
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