Williams v. Brashear
Supreme Court of Louisiana
Western Dis. AEPEAE TROM THE COURT 07? THE FIFTH DISTRICT FOR THE PARISH OP ST. MART, THE JUDGE OP THE SEYENTII PRESIDING. This suit was instituted on a draft drawn by the defendant ■on Bemiss Brashear& Co., in favor of the plaintiff, and protested for non-payment at maturity; hut no notice of protest was given to the defendant or drawer of the bill. This case ■has already been before the court. See 16 La.
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Western Dis. AEPEAE TROM THE COURT 07? THE FIFTH DISTRICT FOR THE PARISH OP ST. MART, THE JUDGE OP THE SEYENTII PRESIDING. This suit was instituted on a draft drawn by the defendant ■on Bemiss Brashear& Co., in favor of the plaintiff, and protested for non-payment at maturity; hut no notice of protest was given to the defendant or drawer of the bill. This case ■has already been before the court. See 16 La. Rep., 77. On the return of the case, the defendant proved, he had sold 'his molasses to the drawees at the time the draft was accepted, -and had a running account with them; although it did…
1Opinion of the CourtBullard, J.
This case was before us at the last term, and was then remanded for a new trial on newly discovered evidence ; 16 La. Rep., 77. The result of that trial was a judgment in favor of the drawer of the hill of exchange, on the ground of a want of notice of protest for non-payment; and the plaintiff in his turn has appealed.
It is not sufficient to show, that in point of fact no damage wa*s sustained h)r the neglect of the holder of a bill of exchange, ‘to give notice of its dishonor, in order to hold the drawer liable after its acceptance. Where the drawer has no funds in the hands of the…
2Cases cited3 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Bloodgood v. HawthornSupreme Court of Louisiana · 1836
- Williams v. BrashearSupreme Court of Louisiana · 1840
3Cited by3 opinions
- L. H. Gardner & Co. v. J. J. McDaniel & Co.Supreme Court of Louisiana · 1874
- Neely v. T. L. Airey & Co.Supreme Court of Louisiana · 1876
- New Orleans Savings Bank v. HarperSupreme Court of Louisiana · 1845