Hebert v. Maillan
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FOURTH DISTRICT, FOR THE PARISH OF IBERVILLE, THE JUDGE OF THE SECOND PRESIDING. This is an action by the parish treasurer, of the Parish of Iberville, to recover from the defendants (he amount of four promissory notes given for the lease of the ferry across the Bayou Plaquemine, at the town of Plaquemine, in the parish of Iberville, by the police jury of said parish, for one year from the 12lh November, 1838. The defendants admitted their…
Read the full summary
APPEAL FROM THE COURT OF THE FOURTH DISTRICT, FOR THE PARISH OF IBERVILLE, THE JUDGE OF THE SECOND PRESIDING. This is an action by the parish treasurer, of the Parish of Iberville, to recover from the defendants (he amount of four promissory notes given for the lease of the ferry across the Bayou Plaquemine, at the town of Plaquemine, in the parish of Iberville, by the police jury of said parish, for one year from the 12lh November, 1838. The defendants admitted their signatures, but averred there was a failure of consideration, inasmuch as the police jury, who sold the ferry, had no…
1Opinion of the CourtMartin, J.
The defendants are appellants from a judgment on their four several promissory7 notes, given for the price of a ferry across the Bayou Plaquemine, for one year from the 12th of November, 1838. They admit their signatures to the notes, but aver that they were given without consideration, through error of law and fact, or if ever any existed, the consideration has failed, because the jurisdiction or authority to sell out said ferry, belonged to the town of Plaquemine, and not to the police jury. That, at about the same time, the town council of Plaquemine sold said ferry, or the side next to…
2Cited by1 opinion
- Bisso v. Mayor and Councilmen of Morgan CitySupreme Court of Louisiana · 1929