State v. Hart
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King, J. The State may not be sued in reconvention without her consent. Forged instruments convey no title. State bonds are not negotiable instruments in the sense of the law merchant. To so denominate them is an abuse of their true character and purpose. The government does not undertake to guarantee to any person the fidelity of the officers and agents it employs.
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APPEAL from the Civil District Court for the Parish of Orleans. King, J. The State may not be sued in reconvention without her consent. Forged instruments convey no title. State bonds are not negotiable instruments in the sense of the law merchant. To so denominate them is an abuse of their true character and purpose. The government does not undertake to guarantee to any person the fidelity of the officers and agents it employs. This action is similar to the case of the State of Louisiana vs. Laura Gaines, No 10,619 of the docket of this court, now pending on rehearing. As to the character of…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
Olaim.ismade of the defendant for the restitution to the State treasury of the aggregate amount of sixty-one thousand dollars of alleged fraudulently issued and illegal constitutional bonds of the State of Louisiana, of the denomination of one thousand dollars and five hundred dollars respectively, on the substantial averment that all legal and valid bonds of the State are by law entrusted to the care and custody of the State Treasurer for safe keeping, and that, in violation of his trust, one E. A. Burke, Treasurer, did illegally and…
2Cases cited10 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Benson v. McMahonSupreme Court of the United States · 1888
- Collins v. GilbertSupreme Court of the United States · 1877
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3Cited by1 opinion
- Reed v. WarrenLouisiana Court of Appeal · 1931