Legal Opinion

Bennett v. Allison

Supreme Court of Louisiana

Decided May 15, 1831PublishedCited by 4 opinions

APPEAL PROM THE COURT OP THE PIRST DISTRICT. This suit was brought on a promissory noté, in the following words: — “Three months after date, we promise to pay William Bennett and Hugh Grant, or order, four hundred and twenty-one dollars and sixty-six cents. Value received.” Signed “Allison & Rowe.”

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APPEAL PROM THE COURT OP THE PIRST DISTRICT. This suit was brought on a promissory noté, in the following words: — “Three months after date, we promise to pay William Bennett and Hugh Grant, or order, four hundred and twenty-one dollars and sixty-six cents. Value received.” Signed “Allison & Rowe.” Suit had been previously brought against Thomas Roe, one of the drawers, and judgment rendered in favor of the same plaintiffs for the amount of the note; Allison having obtained a stay of proceedings and respite. His respite having expired, this suit was brought against him. Having pleaded a…

1Opinion of the Court

Mathews, /.

delivered the opinion of the court.

This suit is founded on a promissory note, which purports to have been made by the defendant j~intIy with a person of the name of Roe.

The answer to the petition is a general deniaL It does not appear that the defendant was called upon to acknowledge or deny his signature, according to the 323d article of the Code of Practice; nor is there any specific allegation that the note was signed by him, in pursuance of article 324.

The plaintiff proceeded to prove the signaLure, under the general denial; and theh claimed a right to enforce the disabilities…

2Cited by4 opinions

  1. Swan v. MayerLouisiana Court of Appeal · 1968
  2. Watkins v. HaydelSupreme Court of Louisiana · 1931
  3. Henderson v. AlfordLouisiana Court of Appeal · 1925
  4. Parker v. MooreSupreme Court of Louisiana · 1847

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