Burthe v. Donaldson
Supreme Court of Louisiana
APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action on a draft, against the drawer and acceptor on a promissory note, given as collateral security of the draft, signed by Charles Wilkinson, the payee of the draft, and one C. Watson, endorsed by F. Bryde.
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APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action on a draft, against the drawer and acceptor on a promissory note, given as collateral security of the draft, signed by Charles Wilkinson, the payee of the draft, and one C. Watson, endorsed by F. Bryde. The tenor of the draft is as follows : “ New-Orleans, February 26, 1839. “ Mr. Barnes; Please pay Charles Wilkinson the sum of- - $560, for plastering done on your building, and charge the same to my account. JOHN DONALDSON.” Endorsed, “ Charles Wilkinson.” Acceptance: “ I accept the within order, payable…
1Opinion of the CourtBullard, J.
This is an action upon a protested draft, against the drawer and acceptor, and upon a promissory note given as collateral security. Judgment having been rendered against all the parlies, two of them, to wit, Donaldson the drawer of the draft, and Barnes the acceptor, have appealed.
On the part of Donaldson, the drawer, it is urged that the judgment against him is erroneous, inasmuch as the draft drawn by him was not accepted according to its tenor, and *384that he has never been notified of a demand, and failure to pay, on the part of the acceptor.
Where a plasterer drew a draft on the owner,…
2Cited by2 opinions
- SFC Acceptance Corp. v. SpainLouisiana Court of Appeal · 1967
- Pratt v. Damon Castle Hall Co.Louisiana Court of Appeal · 1918