Anselm v. Wilson
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is an action on a promissory note executed by the defendant, for the sum of three hundred and fifty dollars, payable to the plaintiff. The defendant admits the execution of the note, but denies she is liable.
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APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is an action on a promissory note executed by the defendant, for the sum of three hundred and fifty dollars, payable to the plaintiff. The defendant admits the execution of the note, but denies she is liable. She avers the note was given in error, that the sum which forms the amount and consideration of the note, was paid by her to Joseph Erwin, in his lifetime, who bound himself to hold her harmless against the claim of the plaintiff. She prays that Mrs. L. Erwin, who has accepted her husband’s…
1Opinion of the CourtBullard, J.
The appellant seeks to procure the reversal of the judgment rendered in this case, on the two following grounds: first, that the court erred in rejecting the call in simple or personal warranty; and second, that a motion for continuance, based on the affidavit of the defendant’s counsel, was improperly overruled.
The suit was brought to recover the amount of a promissory noté subscribed by the defendant. She admits her signature, but alleges error, and that she had paid Joseph Erwin the amount before the note was given, and that he had promised to save her harmless against the note, and became…
2Cited by1 opinion
- Bultman v. WoodLouisiana Court of Appeal · 1936