Faures v. Coincon
Supreme Court of Louisiana
APPEAL PROM THE COMMERCIAL COURT OP NEW-ORLEANS. This is an action against the maker of a promissory note. There was, first, a plea of the general issue, and admitting the signature; and in a supplemental answer, the further plea of a prolongation of time of payment, for eighteen, twenty-four and thirty-six months; a kind of voluntary respite.
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APPEAL PROM THE COMMERCIAL COURT OP NEW-ORLEANS. This is an action against the maker of a promissory note. There was, first, a plea of the general issue, and admitting the signature; and in a supplemental answer, the further plea of a prolongation of time of payment, for eighteen, twenty-four and thirty-six months; a kind of voluntary respite. A document to support this plea, signed by three or four creditors, and among them the plaintiff, consenting to give this time on condition that all agreed to it, or signed. Many of the creditors refused, or failed to sign. The judge presiding, however,…
1Opinion of the CourtSimon, J.
This is a suit on a promissory note. On the day fixed for the trial, the defendant, who had originally joined issue by admitting his signature, asked leave to amend his answer, in order to set up that since the case had been put at issue, the plaintiff had agreed to grant him the delay of eighteen, twenty-four and thirty-six months, to pay the debt. The amendment was permitted by the court, and the plaintiff took his bill of exceptions. There was judgment as in case of non-suit, and for costs, against the plaintiff; from which judgment he appealed.
On the trial of the suit, the defendant…
2Cases cited1 opinion
- Las Caygas v. Larionda's SyndicsSupreme Court of Louisiana · 1818