Bank of Louisiana v. Sterling
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SIXTH PRESIDING. This is an action on a promissory note, executed by Alis Demaret, Tutrix, &c. of the minors of Jefferson Caffery, deceased, and W. Stirling, as joint makers,, and Donelson Caffery as endorser, for $640,25, dated, Opelousas, 26th June, 1828, and discounted at the Branch Bank of the State of Louisiana, at Opelousas.
Read the full summary
APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SIXTH PRESIDING. This is an action on a promissory note, executed by Alis Demaret, Tutrix, &c. of the minors of Jefferson Caffery, deceased, and W. Stirling, as joint makers,, and Donelson Caffery as endorser, for $640,25, dated, Opelousas, 26th June, 1828, and discounted at the Branch Bank of the State of Louisiana, at Opelousas. The note reads “Ipro-mise to pay to the order of Donelson Caffery &c.” but is ' signed by two persons as drawers, already named. The Is J : , A . , ,. ; note was regularly protested for…
1Opinion of the Court
Martin J.
delivered the opinion of the Court.
The Bank sues one of the makers, and the endorser of an accommodation note, by them discounted.
The first defendant resisted the claim on the ground that he subscribed the note as the second obligor, and must be consequently viewed as the surety of his co-obligor alone.
The other defendant admitted his endorsement, but contended he was liable on the failure of the makers only.
There was judgment against both defendants in solido and they appealed.
The appellants’ counsel has insisted—
1. The first defendant was liable for one half of the sum mentioned in…
2Cited by2 opinions
- Watkins v. HaydelSupreme Court of Louisiana · 1931
- State ex rel. Zuntz v. Judge of the Fifth District CourtSupreme Court of Louisiana · 1878