Canfield v. Vaughan
Supreme Court of Louisiana
Appeal from the court of the fifth district. This suit is brought upon a note hand, drawn in a negociable form by the defendants, and payable to one Miles, two months after date. The note is dated 23d Sep. 1818. It was endorsed on the 25th Nov. following. At the time the note was given, certain documents were put into the hands of Miles, the original payee, which, if collected, he engaged to apply to the note.
Read the full summary
Appeal from the court of the fifth district. This suit is brought upon a note hand, drawn in a negociable form by the defendants, and payable to one Miles, two months after date. The note is dated 23d Sep. 1818. It was endorsed on the 25th Nov. following. At the time the note was given, certain documents were put into the hands of Miles, the original payee, which, if collected, he engaged to apply to the note. It is admitted that, of these demands, the amount 274 dollars, 56 cents, was collected before endorsment, and not applied according to contract. But of all this, the endorsers had no…
1Opinion of the CourtMartin, J.
The plaintiffs, as endorsees of a promissory note, given by the defendants to Edward Miles, instituted the present suit.
They pleaded the general issue, denied the endorsement *696of the note by Miles to the plaintiffs.
Farther, that, if the note was endorsed, it was after it had become due, and therefore, the defendants were entitled to set off a sum of money, which was due, them by the original payee of the note E. Miles.
The district court gave judgment, that the law and evidence being in favour of the plaintiffs, they recover $205, 44 cents, with interest and costs. They appealed.
The statement…
2Cited by2 opinions
- Ledoux v. ArmorSupreme Court of Louisiana · 1843
- Bertrand v. ArcueilSupreme Court of Louisiana · 1849