Legal Opinion

Tiernan v. Noe

Supreme Court of Louisiana

Decided March 15, 1840PublishedCited by 1 opinion

APPEAL FROM THE COURT OF THE FOURTH DISTRICT, FOR THE PARISH OF POINTE COUPEE, THE JUDGE OF THE SECOND PRESIDING. This is an action by the commercial firm of Tiernan & Co. against the defendant, on his promissory note. He pleaded the want of an amicable demand, and the failure of consideration ; and also propounded interrogatories to the plaintiffs, to be answered under oath.

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APPEAL FROM THE COURT OF THE FOURTH DISTRICT, FOR THE PARISH OF POINTE COUPEE, THE JUDGE OF THE SECOND PRESIDING. This is an action by the commercial firm of Tiernan & Co. against the defendant, on his promissory note. He pleaded the want of an amicable demand, and the failure of consideration ; and also propounded interrogatories to the plaintiffs, to be answered under oath. Charles Tiernan, one of the plaintiffs, (the other two partners being absent,) went before Judge Jackson, in the city of New-Orleans, and answered categorically, and in the negative, each interrogatory. There was…

1Opinion of the CourtMorphy, J.

Suit being brought by plaintiffs on a note of hand executed to their order by defendant. The latter admitted his signature, pleaded want of amicable demand, and failure of consideration. To make out this plea the defendant put interrogatories to plaintiffs, a late firm of this city. Two of the partners being absent from the state, the interrogatories were answered by Charles Tiernan, in the name of the firm* under a commission issued from the court below, at the instance of defendant. These answers show a good and valid consideration for the note sued on.

The appellant has made two points in…

2Cited by1 opinion

  1. Crocker v. TurnstallSupreme Court of Louisiana · 1844

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