Legal Opinion

Robinson v. Arnet

Supreme Court of Louisiana

Decided April 15, 1840PublishedCited by 4 opinions

APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action against the defendant on his promissory note, purporting to be signed by him, and made payable to the order of the plaintiff, for the sum of six thousand two hundred dollars. The note is dated at New-Orleans, May 2d, 1838. The defendant pleaded a general denial, and expressly averred "that his signature was a forgery, to which he made affidavit.

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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action against the defendant on his promissory note, purporting to be signed by him, and made payable to the order of the plaintiff, for the sum of six thousand two hundred dollars. The note is dated at New-Orleans, May 2d, 1838. The defendant pleaded a general denial, and expressly averred "that his signature was a forgery, to which he made affidavit. Upon these pleadings and issues, the cause was submitted to a jury. The first witness called by the plaintiff, swore that he was acquainted with the parties, had done business…

1Opinion of the CourtMorphy, J.

This suit is brought on a note of six thousand two hundred dollars, payable to plaintiff on demand. The defendant denied having subscribed such note, and averred, under oath, his signature to it to be a forgery. The case was tried by a jury, who gave their verdict in favor óf plaintiff. After having vainly attempted to obtain a new trial, the defendant appealed.

The evidence we find in the record, would, no doubt, fully justify the verdict in the ordinary case of a general denial ; but, when a plea of forgery is made, and supported by the oath of the party, it appears to us that much stronger…

2Cited by4 opinions

  1. Huddleston v. CoyleSupreme Court of Louisiana · 1869
  2. James v. RandSupreme Court of Louisiana · 1891
  3. Parker v. BascleSupreme Court of Louisiana · 1923
  4. Watts v. CollierSupreme Court of Louisiana · 1914

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