Biernacki v. Mexia
Supreme Court of Louisiana
Appeal from the parish court for the parish and city of New Orleans. This is an action by Madame Adele Baird, wife of O. Biernacki, on a promissory note signed by Madame Charlotte Mexia, widow of the late General Mexia, and payable to the order of the plaintiff the 24th October, 1840, for $300. The defendant admitted her signature, but pleaded an account for goods sold and delivered to the plaintiff amounting to $500, in compensation and veconvention.
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Appeal from the parish court for the parish and city of New Orleans. This is an action by Madame Adele Baird, wife of O. Biernacki, on a promissory note signed by Madame Charlotte Mexia, widow of the late General Mexia, and payable to the order of the plaintiff the 24th October, 1840, for $300. The defendant admitted her signature, but pleaded an account for goods sold and delivered to the plaintiff amounting to $500, in compensation and veconvention. The cause came on for trial the 18th January, 1841, when the defendant’s counsel moved for a continuance on the ground that he had on the 13th…
1Opinion of the CourtMorpiit, J.
This action is brought by the payee of a promissory note against the maker. The answer admits the defendant’s signature, but sets up a claim in re-convention for a larger sum than the amount of the note, and demands judgment for the balance. There was below a nonsuit as regards the plea in reconvention, and judgment in favor of plaintiff on the principal demand. The defendant appealed.
[87] The only point presented for decision in this case is whether the judge properly ruled defendant to trial. Her counsel moved for a continuance and showed for cause that shortly before the trial came on he…
2Cited by1 opinion
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