Rosomano v. Kearns

His Honor, EMILE G-ODCHAUX,

rendered the opinion and decree of the ’Court, as follows:

Plaintiff seeks to hold the defendant, Mrs. Kearns, wife of B. H. Kearns, liable on a note executed by her *29and in fact used for the purpose of paying, discharging and retiring a prior note executed by her husband in his own name during the community which existed between them.

Since the prior note of the husband is presumptively ax least a community debt which the wife could neither assume nor pay, plaintiff has directed his efforts, towards establishing that it in fact evidenced a loan contracted and…