Thielman v. Guéblé & Nippert
Supreme Court of Louisiana
^PPEAL from the Sixth District Oourt, parish of Orleans. Bightor, The facts and circumstances attending the execution' of. the notes, and the notes themselves on their face, show that they were given as a continuing security for the repayment of a loan on which demand was always in season.
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^PPEAL from the Sixth District Oourt, parish of Orleans. Bightor, The facts and circumstances attending the execution' of. the notes, and the notes themselves on their face, show that they were given as a continuing security for the repayment of a loan on which demand was always in season. Vreeland vs. Hyde, 2d Hall’s Reports, N. Y. p. 429 ; Merritt vs. Todd, 23 N. Y. p. 28. The payee indorsed the notes in the hands of the makers, by whom it was afterward given to plaintiff, and he is, in fact and in law, a mere surety, not entitled to protest and notice. 21 Ah. 208.; 3 An. 390 ; 6 Rob. 120 ;…
1Opinion of the Court
The opinion of the court was delivered by
White, J.
The plaintiff sues G-uóbló & Nippert and F. Wintz, the former as makers, the latter as indorser, of two demand-notes, the one for $1500 the other $300, dated, respectively, the one June the 22d, the other June 27th, 1874, both drawn by Guébló & Nippert to the order of F. Wintz, and by him indorsed in blank. Theie was judgment below in favor of the drawers and against the indorser, the latter having alone appealed. The defense of the indorser is want of demand, protest, and notice, and discharge resulting from the bankruptcy of the drawers, and…
2Cases cited8 opinions
- Merritt v. . ToddNew York Court of Appeals · 1861
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
- Commonwealth v. MagowanCourt of Appeals of Kentucky · 1858
- Nevins v. TownsendSupreme Court of Connecticut · 1825
- Windham County Savings Bank v. HimesSupreme Court of Connecticut · 1887
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3Cited by4 opinions
- Ducote v. DucoteSupreme Court of Louisiana · 1935
- Home Savings Bank v. HosieMichigan Supreme Court · 1898
- Leonard v. OlsonSupreme Court of Iowa · 1896
- Redden v. LambertSupreme Court of Louisiana · 1904