Legal Opinion

Brewer v. Foshee

Supreme Court of Louisiana

Decided January 10, 1938No. 34554PublishedCited by 8 opinions

1Opinion of the Court

HIGGINS, Justice.

The plaintiff, as holder and owner of certain promissory notes, secured by chattel mortgages, sued the maker and the guarantor or surety in solido.

The surety, George Foshee, filed exceptions of no cause or right of action on the ground that he was an accommodation indorser and the petition failed to allege that notice of dishonor and failure to pay the notes at maturity had been given to him.

The trial judge sustained the exceptions and dismissed the suit. The plaintiff appealed and the Court of Appeal held that George Foshee was not an accommodation indorser but a surety and…

2Cases cited3 opinions

  1. Dennis v. GrahamSupreme Court of Louisiana · 1925
  2. Brewer v. FosheeLouisiana Court of Appeal · 1937
  3. Brewer v. FosheeLouisiana Court of Appeal · 1935

3Cited by8 opinions

  1. Anslem v. Travelers Ins. Co.Louisiana Court of Appeal · 1966
  2. Exchange National Bank of Chicago v. SpalittaSupreme Court of Louisiana · 1975
  3. CORPORATION v. RosenstockLouisiana Court of Appeal · 1967
  4. Mestayer v. Cities Service Development CompanyLouisiana Court of Appeal · 1961
  5. Wilson v. BrianLouisiana Court of Appeal · 1955

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