Huie v. Bailey
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SIXTH DISTRICT, FOR THE PARISH OF RAPIDES, JUDGE KING OF THE FIFTH DISTRICT PRESIDING. This is an action against the defendant, endorser of a bill of exchange, drawn on Thomas Toby & Brother, and by them accepted. The bill was protested at maturity and notice given to the endorser. The defendant pleaded a general denial; and averred that he was not liable, because the plaintiff had released the acceptors, who were first liable.
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APPEAL FROM THE COURT OF THE SIXTH DISTRICT, FOR THE PARISH OF RAPIDES, JUDGE KING OF THE FIFTH DISTRICT PRESIDING. This is an action against the defendant, endorser of a bill of exchange, drawn on Thomas Toby & Brother, and by them accepted. The bill was protested at maturity and notice given to the endorser. The defendant pleaded a general denial; and averred that he was not liable, because the plaintiff had released the acceptors, who were first liable. That having obtained a judgment against Toby, he failed to avail himself of it to enforce payment of the debt, as he was bound to do, but…
1Opinion of the CourtGarland, J.
The defendant is sued as the endorser of a bill of exchange, drawn, at Quintana, in Texas, by M’Kinnly & Williams, on Thomas Toby & Brother, New-Orleans, for three thousand five hundred and seventy dollars, payable at six months from the 25th December, 1835. The bill was accepted, and after-wards protested for non-payment, and due notice given to the endorser. A suit was brought against the acceptors, prosecuted to judgement, and a capias ad satisfaciendum finally issued, and Toby & Brother arrested. They gave a bond to remain in the prison bounds, and so remained from the 16th of October to…
2Cited by8 opinions
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- Adle v. MetoyerSupreme Court of Louisiana · 1846
- Frazier v. DickSupreme Court of Louisiana · 1843
- New Orleans Butchers' Co-Op. Abbatoir, Inc. v. St. Bernard Rendering & Fertilizing Co.Supreme Court of Louisiana · 1926
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