Levy v. Winter
Supreme Court of Louisiana
A PEAL from the First District Court, Parish of Oaddo. Taylor, J. 1. The note being payable to bearer, the legal title was in the holder, and none other could sue upon it. 32 An. 583; Dan. Neg. Inst., Sec. 1192. 2. The judgment in favor of Cahn, in the case reported in Í2 An. 965, is res adjudicate that he was the holder of the note, not only against the parties to that suit, but against all others claiming an interest therein.
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A PEAL from the First District Court, Parish of Oaddo. Taylor, J. 1. The note being payable to bearer, the legal title was in the holder, and none other could sue upon it. 32 An. 583; Dan. Neg. Inst., Sec. 1192. 2. The judgment in favor of Cahn, in the case reported in Í2 An. 965, is res adjudicate that he was the holder of the note, not only against the parties to that suit, but against all others claiming an interest therein. Succession of Gilmore, 12 An. 563. 3. Tile note was merged in tlie judgment, and ceased to exist. 42 La. An. 152. The mortgage was indivisible, and could not bo…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
This is a suit for the recovery and restitution of certain sums of money the plaintiff claims to have paid the defendant in error, under the circumstances related in his petition.
A certain promissory note for the sum of $7000, drawn to the order of, and indorsed by S. N. Ford, and payable at a future date, was by the maker and indorser delivered to one Adolph Cahn, as a collateral security for Ford’s indebtedness to Cahn of something more than $3500. Levy vs. Ford, 41 An. 873.
Subsequently Ford pledged this note — which was secured by special…
2Cited by3 opinions
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- Smith v. Little Pine Lumber Co.Supreme Court of Louisiana · 1922