Legal Opinion

Harz v. Gowland

Supreme Court of Louisiana

Decided June 6, 1910No. 18,086PublishedCited by 7 opinions

Appeal from Civil District Court, Parish, of Orleans; Walter B. Sommerville, Judge. Action by Joseph Harz against Joseph Q. Gowland and another, in which the United States Safety Deposit & Savings Bank intervened. Judgment for plaintiff and intervener, and defendants appeal.

1Opinion of the Court

BREAUX, O. J.

Alleging that J. Q. Gow-land, notary public, forged 10 notes of which plaintiff is the holder, plaintiff brought this suit thereon against Gowland and his surety, the Fidelity & Deposit Company of Maryland, in solido, to recover the sum of $14,400, with 8 per cent, interest.

He paid full value for the notes to Gow-land.

He alleged that he accepted them, paid for them, on the faith of the paraph of the notary, that he believed they were secured by mortgage and vendor’s privilege.

That there was no mortgage or vendor’s privilege, although the notary said to plaintiff that they were…

2Cases cited3 opinions

  1. Rochereau v. JonesSupreme Court of Louisiana · 1877
  2. Succession of JohnsonSupreme Court of Louisiana · 1842
  3. Nolan v. LabatutSupreme Court of Louisiana · 1906

3Cited by7 opinions

  1. Commonwealth v. TurnerSupreme Court of Pennsylvania · 1940
  2. Lacour v. National Surety Co.Supreme Court of Louisiana · 1920
  3. Atlas Security Co. v. O'DonnellSupreme Court of Iowa · 1930
  4. Summers Bros., Inc. v. BrewerLouisiana Court of Appeal · 1982
  5. Texas Co. v. MattisonLouisiana Court of Appeal · 1929

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