Bell v. Lawson
Supreme Court of Louisiana
Appeal from the District Court of Madison, Willson, J. The endorser was discharged, by the illegality of the notice of protest. To authorize a recovery against her husband under the alleged promise, it should have been proved that he knew of the endorser’s discharge at the time of his promise. The only consideration for his promise, was his belief that his wife was bound as endorser.
1Opinion of the CourtSimoN, J.
The object of this action is to recover of the defendants, in solido, the sum of $811 50, which is alleged to be the balauce due on a note of $1000, drawn by one Saunders, to the order of Ann H. P. Noble, now Mrs. Lawson, endorsed by the latter, and protested for non-payment at maturity. Her husband Lawson is also sued as bound to pay said note, in solido, with his wife, on the allegation of his having promised to pay the same.
The defence is the general issue, and a special denial of any indebtedness on the part of the defendants to the plaintiff on the note sued on.
Judgment of nonsuit was…
2Cases cited1 opinion
- Williams v. RobinsonSupreme Court of Louisiana · 1839