Duncan v. Sparrow
Supreme Court of Louisiana
Appeal from the District Court of Concordia, Tenney, J. Simon, J. The defendant is sued as endorser of two promissory notes, amounting together to $5000, both dated at Vidalia, and made payable at the Planters Bank, Natchez. He pleaded the general issue ; and the proof of notice to the endorser of the dishonor of the notes, having been deemed insufficient by the inferior tribunal, judgment of nonsuit was rendered against the plaintiff, from which he has appealed.
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Appeal from the District Court of Concordia, Tenney, J. Simon, J. The defendant is sued as endorser of two promissory notes, amounting together to $5000, both dated at Vidalia, and made payable at the Planters Bank, Natchez. He pleaded the general issue ; and the proof of notice to the endorser of the dishonor of the notes, having been deemed insufficient by the inferior tribunal, judgment of nonsuit was rendered against the plaintiff, from which he has appealed. The evidence shows, that the notary who made the protest of the notes sued on, directed his notices to the defendant, one of which…
1Opinion of the CourtSimon, J.
The second section of the act of the thirteenth of March, 1827, which is relied on as properly applicable to the present case, as this court had occasion to say in the case of Preston v. Daysson, et al. 7 La. 11, does not change the usage of commercial law in relation to the diligence to be used in serving notices of protest, but merely provides a new mode of proof of such diligence. It is provided in the second section, that “whenever such endorsers shall not reside in the town or city where protest shall be made, then, and in such case, it shall be the duty of the notary to put into the…
2Cases cited1 opinion
- Whittemore v. WattsSupreme Court of Louisiana · 1844
3Cited by2 opinions
- Harris ex rel. Watson v. AlexanderSupreme Court of Louisiana · 1844
- Carmena v. Bank of LouisianaSupreme Court of Louisiana · 1846