Legal Opinion

Robertson v. de Lizardi

Supreme Court of Louisiana

Decided April 15, 1843PublishedCited by 6 opinions

Appeal from the District Court of the First District, Buchanan, J. This was an action by the plaintiffs, composing the firm of Robertson, Beale & Co. of Mobile, on two bills of exchange, amounting together to £1800 sterling, drawn by A. Mackenzie & Co. of that city upon the defendants, F. de Lizardi & Co., and protested for non-acceptance and non-payment.

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Appeal from the District Court of the First District, Buchanan, J. This was an action by the plaintiffs, composing the firm of Robertson, Beale & Co. of Mobile, on two bills of exchange, amounting together to £1800 sterling, drawn by A. Mackenzie & Co. of that city upon the defendants, F. de Lizardi & Co., and protested for non-acceptance and non-payment. The bills were dated the 16th and 17th February, 1837. The petition alleges : That on the 17th August, 1836, the defendants gave a letter of credit to A. Mackenzie & Co,, their correspondents, authorizing the latter to draw upon them to the…

1Opinion of the Court

Bullard, J.*

A re-hearing was allowed in this case, and we *312have attentively and deliberately considered the arguments adduced by the parties.

The controversy appears to us to turn upon the question ; whether the partnership between McKenzie & Co. and the defendants, as evidenced by the letter of the latter of the 17th of August, 1836, still existed at the date of the bill of exchange, and whether they were drawn in relation to the business of the partnership: for we cannot doubt that a partnership did exist between the parties, in the cotton trade between Mobile and England, in which the…

2Cases cited2 opinions

  1. Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
  2. Fletcher v. FletcherSupreme Court of Louisiana · 1850

3Cited by6 opinions

  1. In Re the Complaint of China Union Lines, Ltd.District Court, E.D. Louisiana · 1971
  2. Carlile v. KimbroughLouisiana Court of Appeal · 1931
  3. I. L. Lyons Co. v. Southland BallroomLouisiana Court of Appeal · 1946
  4. Baldwin v. WachstetterLouisiana Court of Appeal · 1910
  5. Neson v. WattsLouisiana Court of Appeal · 1926

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