Lachman & Jacobi v. Henry Block & Bro.
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. As regards the point made of the defendants’ right to demand the division of this alleged debt, we do not desire to conceal from the court the fact that there is a conflict among the authorities as to whether a binding.of the surety in solido is a waiver of the right of division or not.
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APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. As regards the point made of the defendants’ right to demand the division of this alleged debt, we do not desire to conceal from the court the fact that there is a conflict among the authorities as to whether a binding.of the surety in solido is a waiver of the right of division or not. The question is res nova in Louisiana, and it ought to be examined and discussed, and then decided one way or the other. On the subject of the consent of the creditor to the contract of' suretyship, the French authorities are usually…
1Opinion of the Court
On subsequent and final hearing the opinion of the court was delivered by
Miller, J.
The important issues in this case, after the fullest discussion by counsel, have been re-examined with earnest attention.
The suit is founded on a paper dated 14th June, 1891, signed by-defendant, C. Lazard, addressed to plaintiffs, expressing that he-agrees to become surety for Block & Bro., jointly and severally with them, for ten thousand dollars, the agreement to bind till the 15th October, 1891. The argument for plaintiffs maintains that the paper-obtained from defendant, Lazard, by one of the firm of Block…
2Cases cited8 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Davis v. WellsSupreme Court of the United States · 1881
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Adams, Cunningham & Co. v. JonesSupreme Court of the United States · 1838
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Farley v. Frost-Johnson Lumber Co.Supreme Court of Louisiana · 1913
- Calcasieu-Marine National Bank of Lake Charles v. American Employers' Insurance Co., Louisiana Bank & Trust Co., Cross v. The Employers Liability Assurance Corp., CrossCourt of Appeals for the Fifth Circuit · 1976
- Hibernia Bank & Trust Co. v. Succession of CancienneSupreme Court of Louisiana · 1917
- Hoppin v. LongMontana Supreme Court · 1925
- United States v. Warren J. BellardCourt of Appeals for the Fifth Circuit · 1982
21 more not listed; retrieve them via the Exa API.