Russell v. Cash
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE THIRD DISTRICT, THE .1TJD~E THEREOF PRESIDING. This suit was brought to recover the amount of a protested draft, which the defendant, Cash, as executor of Kirkland, had made and delivered to the plaintilTh. The petition concluded with a prayer for judgment against the defendant in his capacity of executor — that it might be satisfied out of the ¡funds of the estate, and for general relief.
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APPEAL FROM THE COURT OF THE THIRD DISTRICT, THE .1TJD~E THEREOF PRESIDING. This suit was brought to recover the amount of a protested draft, which the defendant, Cash, as executor of Kirkland, had made and delivered to the plaintilTh. The petition concluded with a prayer for judgment against the defendant in his capacity of executor — that it might be satisfied out of the ¡funds of the estate, and for general relief. The plaintiff afterwards filed an amended petition, in which he set forth, that the defendant, Cash, executor aforesaid, had due and legal notice of the protest and non-payment…
1Opinion of the CourtPorter, J.
The petitioners sue on a draft made by the defendant, Cash, in favour of the petitioners. It is drawn at thirty days’ sight, on the house of Hagan & Co., and signed “ C *187Cash, executor of Moses Kirkland, deceased.” The cause was submitted to a jury, who found for the defendants. The plaintiffs have appealed..A P®S0S who signs a draft as ex. ecutor, is liable in his private capacity> ,and if he he sued as executor and there be á Kf* judgment may be given a-farast him mdm-ualiy, if it ap-baity as*sucb! was bbshed.*0 be esta"
*187On the trial the judge charged the jury. “ The presumption of law is that…
2Cited by7 opinions
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- Stirling v. Winter'sSupreme Court of Missouri · 1883
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