Legal Opinion

Fadaol v. Rideau

Louisiana Court of Appeal

Decided May 6, 1930No. 536PublishedCited by 6 opinions

1Opinion of the CourtElliott, J.

Nahon Fadaol brought suit against Jean Baptiste Rideau for $264, alleged to be due him on a note for that amount.

The defendant, Rideau, denies that he executed the instrument described in the petition of the plaintiff. He pleads under reservations, and, in the alternative, the prescription of five years.

Under the answer, the burden of proof is upon the plaintiff to prove that the signature which the instrument sued on bears in the form of a mark is that of the defendant. If that fact be established, then the burden is upon the defendant to show the fraud and misrepresentation alleged by him…

2Cited by6 opinions

  1. Coats v. Guaranty Bank & Trust Co.Supreme Court of Louisiana · 1932
  2. Commerce Loan Co. v. HowardLouisiana Court of Appeal · 1955
  3. Hemenway, Inc. v. GuilloryLouisiana Court of Appeal · 1934
  4. United Credit Plan of New Orleans, Inc. v. FranklinLouisiana Court of Appeal · 1969
  5. Eschete v. KraemerLouisiana Court of Appeal · 1961

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