Gustine v. Union Bank
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. As to plaintiff’s right of action to relieve his property from the mortgage existing on it, see Flower v. Hagan, 2 La. 223. The surety is discharged by any extension of time granted to the principal debtor, without his assent, notwithstanding any reservation made by the creditors. 7 Toullicr, No. 314. Calliham v. Tanner, 3 Rob. 299. Louisiana Bank v. Dubreuil, 5 Mart. 410. Abat v. Holmes, 3 La. 352. Lobdell…
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Appeal from the District Court of the First District, Buchanan, J. As to plaintiff’s right of action to relieve his property from the mortgage existing on it, see Flower v. Hagan, 2 La. 223. The surety is discharged by any extension of time granted to the principal debtor, without his assent, notwithstanding any reservation made by the creditors. 7 Toullicr, No. 314. Calliham v. Tanner, 3 Rob. 299. Louisiana Bank v. Dubreuil, 5 Mart. 410. Abat v. Holmes, 3 La. 352. Lobdell v. Nephler, 4 La. 295. 9 Wheaton, 680. Civil Code, arts. 3030, 3032. Bank of the United States v. Hatch, 6 Peters, 250.…
1Opinion of the CourtMorphy, J.
This action was instituted to obtain the erazure of a mortgage resulting from a judgment rendered in favor of the Union Bank of Louisiana against the petitioner, as endorser of a note for $20,699 22, dated the 12th day of April, 1839, and payable to his order, twelve months after date, by Bullitt, Ship & Co. in liquidation, John Routh, Austin Williams, Joseph C. Ferriday, and Robert Ferriday, as joint and several drawers thereof. The petition alleges that, subsequently to the rendition of this judgment, to wit, on the 12th of May, 1841, the Union Bank entered into an arrangement with John…
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