Hunter v. Spurlock
Supreme Court of Louisiana
APPEAL FROST THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE , DISTRICT PRESIDING. The plaintiff, as assignee of one Stephen Tippett,, sued the defendant on a note, dated 5th October, 1827, for fifteen bales of cotton, each weighing four hundred pounds, given for one of the instalments of the purchase of a tract of land, on which the vendor’s privilege was retained.
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APPEAL FROST THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE , DISTRICT PRESIDING. The plaintiff, as assignee of one Stephen Tippett,, sued the defendant on a note, dated 5th October, 1827, for fifteen bales of cotton, each weighing four hundred pounds, given for one of the instalments of the purchase of a tract of land, on which the vendor’s privilege was retained. He claims seven hundred dollars damages for the non-performance of the obligation, and interest from the time it became due, until paid; and that his privilege or mortgage on the land be recognised and enforced. The defendant…
1Opinion of the CourtPorter, J.
This action is brought on a promissory note executed by the defendant, and payable to one Tippett, who endorsed it to the plaintiff. It is for the delivery of a certain quantity of cotton, and was given in part payment of a tract of land which the maker bought from the payee. As it contains an obligation for property, and not for money, it is not governed by the rules applicable to paper negotiable by the commercial law. The defendant has therefore set up the equitable defences which he-might have had against the payee; and in an original and amended answer he has pleaded :
1. That the note…
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