Hyde v. Brown
Supreme Court of Louisiana
Eastern 'Dis. APPEAL PROM THE COURT OP THE FIRST DISTRICT This was an action brought by the payee against the drawers of a promissory note, on which several payments had been made. By the terms of the note, interest accrued at eight per centum, after the specified period for payment. The defendants plead separately. Brown filed a general denial to the plaintiff’s allegations.
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Eastern 'Dis. APPEAL PROM THE COURT OP THE FIRST DISTRICT This was an action brought by the payee against the drawers of a promissory note, on which several payments had been made. By the terms of the note, interest accrued at eight per centum, after the specified period for payment. The defendants plead separately. Brown filed a general denial to the plaintiff’s allegations. Barney admitted the signature of the note, alleged that its consideration-was certain merchandise purchased of plaintiff, which had passed into Brown’s possession, and for which Brown had not accounted with him, and…
1Opinion of the CourtPouter, J.
This is an action by the payee of a promissory note against. the maker. There was judgment in the court below in favor of the plaintiff, and the defendant appealed.
The signature of anotemustbe expressly denied. tJon Cannot íé given.
a O* ¿idi* The execution of the note is not put at issue. The general denial is alone pleaded, but under the 324th and 326th Articles of the Code of Practice, the denial of the signature must be express. See the case of Hughes vs. Harrison and wife, 8 JV.
But there is error in the judgment below. The balance due on ^le n0^e three hundred and seventj-eight dollars…
2Cited by3 opinions
- In Re Manville Forest Products Corp.United States Bankruptcy Court, S.D. New York · 1984
- Henderson v. AlfordLouisiana Court of Appeal · 1925
- State v. De La Monica.Supreme Court of Louisiana · 1947