Smith v. Gorton
Supreme Court of Louisiana
Western Dist. APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE OF THE FIFTH PRESIDING. This suit is instituted against the defendant, as surety on the following promissory note : “$307 43. . On or before the first day of August next, I promise to pay Mr. Ralph Smith, or order, the sum of three hundred and seven dollars and forty-three cents, for value received, in merchandise, with ten per cent, interest, per annum, from the date, if not punctually paid.
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Western Dist. APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE OF THE FIFTH PRESIDING. This suit is instituted against the defendant, as surety on the following promissory note : “$307 43. . On or before the first day of August next, I promise to pay Mr. Ralph Smith, or order, the sum of three hundred and seven dollars and forty-three cents, for value received, in merchandise, with ten per cent, interest, per annum, from the date, if not punctually paid. “LEWIS GORTON.” (Endorsed) “George Gorton.” “Alexandria, February 27, 1830.” The plaintiff alleges that the drawer of the…
1Opinion of the CourtBullard, J.
This case cannot be distinguished from that of Guidry vs. Vives 3 Martin, N. S. 659, and does not differ materially 7 . J from that of Cooly vs. Lawrence, previously decided, 4 Martin, 639. We consider it now well settled, that when a person not a Patty to a bill or note, puts his name upon it, he is presumed to have done so as surety.
The defendant admits that he endorsed the note in question, which was made payable to the plaintiff’s order ; but his counsel has endeavored ,to show, that his intention was to bind himself as endorser and not as surety, and therefore, was entitled to notice of…
2Cases cited1 opinion
- Terril v. FlowerSupreme Court of Louisiana · 1819
3Cited by5 opinions
- Metropolitan Bank v. MullerSupreme Court of Louisiana · 1898
- Rogers v. GibbsSupreme Court of Louisiana · 1872
- Escudé v. LacosteLouisiana Court of Appeal · 1884
- Gilbert v. CooperSupreme Court of Louisiana · 1843
- H. B. Claflin Co. v. B. Feibelman & Co.Supreme Court of Louisiana · 1892