Abat v. Gormley
Supreme Court of Louisiana
APPEAL FROM TJHE COURT OF THE FIRST DISTRICT. This was an action b_y the endorsee against the maker and endorser of a promissory note, in the following form: “New-Orleans, 2d April, 1828. — Two years after date, I promise to pay Lewis Foucher, Esquire, or order, twenty-one hundred and twenty-five dollars, for value received. Signed, William Gormley, endorsed, Louis Foucher, I. Abat, N.ew-Orleans, 2d April, 1828, ne varietur, (Signed) W. Y. Lewis, notary public.”
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APPEAL FROM TJHE COURT OF THE FIRST DISTRICT. This was an action b_y the endorsee against the maker and endorser of a promissory note, in the following form: “New-Orleans, 2d April, 1828. — Two years after date, I promise to pay Lewis Foucher, Esquire, or order, twenty-one hundred and twenty-five dollars, for value received. Signed, William Gormley, endorsed, Louis Foucher, I. Abat, N.ew-Orleans, 2d April, 1828, ne varietur, (Signed) W. Y. Lewis, notary public.” It appeared from the evidence, that the note was given in part consideration, of the price of a tract of land, sold by Foucher to…
1Opinion of the CourtMathews, J.
This suit was commenced by the holder and endorser of a promissory note, made in negotiable form, payable by Gormley to Foucher, and endorsed by the latter, the action is brought against both the maker and endorser.
In the course of proceedings in the court below, the maker of the note turned on his co-defendant and claimed to be exonerated from the obligation of his promise, in consequence of an alleged failure of the consideration for which the note was given. Not contented, however, with this defence, he filed a supplemental answer, in the nature of a suit against Miller, in which he…
2Cited by6 opinions
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- Martin v. WrightSupreme Court of Louisiana · 1842
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