Warren v. Briscoe
Supreme Court of Louisiana
Western Dist. APPEAL FROM THE COURT OP THE NINTH JUDICIAL DISTRICT, POR THK PARISH OP CONCORDIA, THE JUDGE THEREOF PRESIDING. This is all action on the following promissory note : “$6,666. ' Rodney, Miss., January 1, 1835. “ Two years after date, I promise to pay J. B. Warren, or order, six thousand six hundred and sixty-six dollars, without defalcation, for value received, negotiable and payable at the Planters’ Bank of Mississippi, at Natchez. JOHN BRISCOE.”
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Western Dist. APPEAL FROM THE COURT OP THE NINTH JUDICIAL DISTRICT, POR THK PARISH OP CONCORDIA, THE JUDGE THEREOF PRESIDING. This is all action on the following promissory note : “$6,666. ' Rodney, Miss., January 1, 1835. “ Two years after date, I promise to pay J. B. Warren, or order, six thousand six hundred and sixty-six dollars, without defalcation, for value received, negotiable and payable at the Planters’ Bank of Mississippi, at Natchez. JOHN BRISCOE.” The plaintiff alleges, that on the 4th January, 1837, at the Planters’ Bank of Mississippi, Natchez, he demanded payment of the said…
1Opinion of the CourtCarleton, J.
This action is instituted by the payee of a promissory note executed by the defendant at Rodney, negotiable and payable at the Planters’ Bank of Mississippi, at Natchez.
The petitioner alleges, that he demanded payment of the note at the place therein indicated, to prove which he exhibits the protest of the notary, who declares that he “went to the Planters’ Bank, Natchez, and was informed by the teller there were no funds in bank for ¿he payment of the- above mentioned note.
The defendant excepted to the plaintiff’s petition, averring that it did not contain any allegation of legal…
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