Legal Opinion

Plicque v. Labranche

Supreme Court of Louisiana

Decided June 15, 1836PublishedCited by 11 opinions

APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action on a promissory note for the sum of six thousand dollars, drawn by Antoine Foucher, junior, with lhe names of Antoine Foucher, senior, and Hermogene Labranche, endorsed in blank on the.back of if. The plaintiffs pray judgment against the endorsers, for the amount of the note sued on.

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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action on a promissory note for the sum of six thousand dollars, drawn by Antoine Foucher, junior, with lhe names of Antoine Foucher, senior, and Hermogene Labranche, endorsed in blank on the.back of if. The plaintiffs pray judgment against the endorsers, for the amount of the note sued on. The defendants, Labranche and Foucher, senior, answered separately; and both of them expressly averred that their names on the back of said note, were forged and counterfeited. The cause, on this issue, was tried before a jury. The plaintiffs…

1Opinion of the CourtMartin, J.

This is an action on a promissory note. The defendant, Labranche, being sued as endorser of a promissory note, *562together with Antoine Foricher, senior, pleaded separately and specially, that the endorsement of his name on the back . of the note, was forged and counterfeited.

Evidence of the acknowledge ment or a party, who is sought to renamed liable1, is the weakest species of evidence ; for the witness who testifies, cannot he juvy'ifheswears falsely, and is the'^powe?°of contradiction. It a parly deny his signature to hisimmeniriVaof writing, or ai-lege it is counterfeited,itmust witnesses^…

2Cited by11 opinions

  1. Des Allemands Lumber Co. v. Morgan City Timber Co.Supreme Court of Louisiana · 1905
  2. Succession of GainesSupreme Court of Louisiana · 1886
  3. Succession of WadsworthSupreme Court of Louisiana · 1922
  4. Huddleston v. CoyleSupreme Court of Louisiana · 1869
  5. M'Kown v. MathesSupreme Court of Louisiana · 1841

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