Louisiana State Bank v. Senecal
Supreme Court of Louisiana
APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITV OF NEW-ORLEANS. This is an action to. recover from the defendant the sum of four thousand dollars, as endorser of A. L. Boimare, The plaintiff alleges, that thé note was protested for want of payment when it became due, as may appear by the said note, and a certified copy of the protest thereof annexed to this petition.
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APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITV OF NEW-ORLEANS. This is an action to. recover from the defendant the sum of four thousand dollars, as endorser of A. L. Boimare, The plaintiff alleges, that thé note was protested for want of payment when it became due, as may appear by the said note, and a certified copy of the protest thereof annexed to this petition. That the drawer, A. L. Boimare, has become insolvent, and made a surrender of his property to his creditors, and that the defendant, though often amicably requested, has refused to pay, &c. There was no defence. Judgment was…
1Opinion of the CourtMartin, J.
This is an action against the endorser of a promissory note. The defendant failed to answer, and judgment by default was taken, which was made final without any defence being put in.
The defendant having appealed from the final judgment, he seeks to reverse it in this court, and assigns, as an error apparent on the face of the record, that it is no where alleged that notice of protest was given to him.
The' counsel for the bank urges that notice may have been proved on the trial, and before obtaining final judgment. He further contends, that no defect of pleading can be assigned as error on the…
2Cited by7 opinions
- Cragin v. LovellSupreme Court of the United States · 1883
- Perez v. MerauxSupreme Court of Louisiana · 1942
- Simon v. DuetSupreme Court of Louisiana · 1933
- Woodall v. Louisiana Ry. & Nav. Co.Supreme Court of Louisiana · 1921
- Rembert v. RobinsonLouisiana Court of Appeal · 1953
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