Wetmore & Co. v. Merrifield
Supreme Court of Louisiana
Appeal from the commercial court of blew Orleans. This is an action against the maker of a promissory note executed in blew-York, and made payable to the order of the plaintiffs, at the branch of Planter’s Bank, Port Gibson, Mississippi. The defendant pleaded the general issue.
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Appeal from the commercial court of blew Orleans. This is an action against the maker of a promissory note executed in blew-York, and made payable to the order of the plaintiffs, at the branch of Planter’s Bank, Port Gibson, Mississippi. The defendant pleaded the general issue. Parol evidence was offered to show that in Mississippi it was not necessary that- a demand be made on a note payable at a particular place in order to recover ; that the common law prevails in that State; the testimony was objected to but received, and a bill of exception taken. It appears that in practice and…
1Opinion of the CourtSimon, J.
This is an action against one of the makers of a promissory note, executed in the State of Mississippi; the defendant pleaded the general issue, and judgment having been rendered against him for the amount of the note with eight per cent, interest, said defendant appealed.
This case presents no question of any importance; it was admitted by the parties that the interest in Mississippi is eight per cent.
The record however contains a bill of exceptions taken to the opinion of the court, permitting the plaintiffs to prove by parol that by the laws of Mississippi where the note is made payable, it…
2Cases cited1 opinion
- Stillwell v. BobbSupreme Court of Louisiana · 1842
3Cited by2 opinions
- Stillwell v. BobbSupreme Court of Louisiana · 1842
- Walsh v. WalshLouisiana Court of Appeal · 1914