Syndics of Dunbar v. Woods
Supreme Court of Louisiana
APPEAL by plaintiffs from the District Court of West Baton Rouge, Burk, J. “It was not the duty of the plaintiffs to procure the additional security; and if Frame A. Woods was contented to affix his signature to the notes, in the absence of Erasmus P. Woods, he must abide by the consequences. The syndics could have demanded the names of both; but it was not imperative upon them to do so.
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APPEAL by plaintiffs from the District Court of West Baton Rouge, Burk, J. “It was not the duty of the plaintiffs to procure the additional security; and if Frame A. Woods was contented to affix his signature to the notes, in the absence of Erasmus P. Woods, he must abide by the consequences. The syndics could have demanded the names of both; but it was not imperative upon them to do so. If, however, the defence is well urged, the court should, at least, have rendered a judgment against Frame for the third amount of the note ; this would be placing him in the same situation he would have been…
1Opinion of the Court
The judgment of the court was pronounced by
Eustis, C. J.
This is an action on three promissory notes, signed by Ezer E. Woods, and the appellant, Frame A. Woods. Judgment was asked against the defendants, and that certain slaves mortgaged, to secure the payment of the notes, be sold to pay the debt.
Ezer E. Woods confessed judgment, and afterwards the suit having been ti-ied against Frame A. Woods, judgment was rendered in his favor, and the plaintiffs have appealed.
It appears, that by the act of mortgage, of which the plaintiffs seek to avail themselves in this action, the notes which the…
2Cases cited1 opinion
- Las Caygas v. Larionda's SyndicsSupreme Court of Louisiana · 1818