New Orleans & Carrollton Railroad v. Kerr
Supreme Court of Louisiana
Appeal from the District Court of Carroll, Willson, J. This is an action against Kerr, the maker, and Margaret Barker, as universal heir and legatee of one Harding, the endorser of the note. The facts of the case are recited in the opinion of the court. The court below gave judgment against the maker, but in favor of Margaret Barker; and from the latter part of the decision the plaintiffs appealed.
1Opinion of the CourtBullard, J.
Two questions are presented for our solution in this case: 1st, Whether the executor of a deceased endorser was the proper person on whom to serye notice of protest, after the instituted heir had come forward, been admitted as heir, and given security and taken possession of the property, but before the executor had rendered to the heir any account, or received from her the sums necessary to pay the debts; and, 2nd, Whether the notice of protest advertised to the executor at Providence, and deposited in the post office at that place, where the note was payable and was protested, be…
2Cases cited1 opinion
- Nott's v. BeardSupreme Court of Louisiana · 1840