Newman v. Goza
Supreme Court of Louisiana
APPEAL from the District Court of Carroll, Curry, J. The facts of this case are stated in the opinion of the court, infra,. The payment by plaintiff on the judgment against him as last endorser, was in law a payment for the use of defendant, out of which arises a legal obligation on his part to refund; plaintiff has a right to enforce this obligation, and is not obliged to sué on the note, but may use it in evidence to sustain his action for money paid to defendant’s use.
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APPEAL from the District Court of Carroll, Curry, J. The facts of this case are stated in the opinion of the court, infra,. The payment by plaintiff on the judgment against him as last endorser, was in law a payment for the use of defendant, out of which arises a legal obligation on his part to refund; plaintiff has a right to enforce this obligation, and is not obliged to sué on the note, but may use it in evidence to sustain his action for money paid to defendant’s use. This obligation to refund arose in Mississippi, where the payment, out of which it originated, was made. It is to be…
1Opinion
Same Case — On a Re-hearing.
J. Dunlap, for the defendant. The case of Kirkland v. Smith, requires1 intrinsic evidence in the certificate of all the requisites of the act of Congress. This is admitted by plaintiff’s counsel, but they contend-that Judge Martin went too far. We quote in aupport of Kirkland v.- Smith,, the-authority of Green-leaf on Evidence, 1 vol. p. 552, § 506, who lays down the same rule, and endorses the decision of Judge Martin. Plaintiff relies upon the case of Mudd v. Beauchamp. That case, eve* if authority, is’ in our favor. There the record certified showed that, “ John…
2Cases cited1 opinion
- Clevinger v. HillCourt of Appeals of Kentucky · 1817