Hestres v. Petrovic
Supreme Court of Louisiana
This was an. action before the District Court of the parish of Natchitoches, Campbell, J., by the plaintiff against Petrovic and Jean Baptiste Trezzini, on,a note drawn by.Petrovic and one C. J. Hardy, and endorsed by Trezzini. A judgment by default against Petrovic was not set aside.
Read the full summary
This was an. action before the District Court of the parish of Natchitoches, Campbell, J., by the plaintiff against Petrovic and Jean Baptiste Trezzini, on,a note drawn by.Petrovic and one C. J. Hardy, and endorsed by Trezzini. A judgment by default against Petrovic was not set aside. Trezzini answered by denying all the facts and allegations in the petition, adding that if he endorsed the note, it was in his representative capacity, and that he was therefore not personally liable. The note was endorsed ‘ J. B. Trezzini, administrates.’ There was a judgment against the defendants, in solido.
1Opinion of the CourtMartin, J.
Trezzini, one of the defendants, is appellant from a judgment against him as endorser of Petrovic and Hardy. His counsel has assigned for error apparent on the face of the record, that payment was not demanded of Hardy, one of the makers of the note, and that no notice of the protest was ever served on the appellant. The two makers being bound in solido, the endorser is liable on the demand of and refusal by either of them. The notice of protest was served on Sampeyrac, as agent of the appellant, who had left the country for Italy. Lamié deposes that the appellant told him that he was going…
2Cases cited1 opinion
- Hemken v. LudewigSupreme Court of Louisiana · 1845
3Cited by2 opinions
- Dees v. TildonSupreme Court of Louisiana · 1847
- Bank of Louisiana v. DéjeanSupreme Court of Louisiana · 1845