Thompson v. Wilson's
Supreme Court of Louisiana
A1TEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF IBERVILLE. ■ The plaintiff alleges, that Eliza Wilson, late of the parish of Iberville, being indebted to one John McDonough in the sum of twelve thousand and sevenly-five dollars and thirty-four cents, did by her attorney in fact, D. D. Chesnut, on the 18th day of May, 1833, make and execute her promissory note, in which she promised to pay to the order of this petitioner, on the 4th May, 1834, at the Bank of Louisiana,…
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A1TEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF IBERVILLE. ■ The plaintiff alleges, that Eliza Wilson, late of the parish of Iberville, being indebted to one John McDonough in the sum of twelve thousand and sevenly-five dollars and thirty-four cents, did by her attorney in fact, D. D. Chesnut, on the 18th day of May, 1833, make and execute her promissory note, in which she promised to pay to the order of this petitioner, on the 4th May, 1834, at the Bank of Louisiana, in New-Orleans, the said sum of money, which note he endorsed as surety, together with Lavinia Erwin, and it was…
1Opinion of the CourtMartin, J.
The plaintiff, endorser of a note of the defendant’s testatrix, on which judgment was obtained against him, and affirmed in this court, in the case of M‘Donough vs. Thompson et al., 11 Louisiana Reports, 66, prays to be relieved as her surety, and that the defendant may be decreed to pay the amount of said note to the holder, or to himself.
After the general issue, the answer avers, that the plaintiff endorsed the note stated in the petition, drawn by Chesnut, in his capacity of attorney of the testatrix, as her surety; but that the said Chesnut was without authority to subscribe the said…
2Cited by2 opinions
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