Legal Opinion

Shepherd v. Jonte

Supreme Court of Louisiana

Decided January 15, 1840PublishedCited by 1 opinion

Eastern Dist. ArrEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This is an action against the maker and endorser of a promissory note, protested for nort-payment. The parish judge, acting as notary, certifies, that “ notices of protest were served on the endorsers of the note, by letters to them delivered personally; one to William Jones, by Mr. F. T. Laizer, &c.”

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Eastern Dist. ArrEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This is an action against the maker and endorser of a promissory note, protested for nort-payment. The parish judge, acting as notary, certifies, that “ notices of protest were served on the endorsers of the note, by letters to them delivered personally; one to William Jones, by Mr. F. T. Laizer, &c.” Jones was the endorser sued, and denied that he had been legally notified of protest and non-payment of the note. There was a verdict and judgment against the defendants, 'Jonte and Jones, in solido,…

1Opinion of the CourtBullard, J.

This case is perfectly clear against the drawer of the promissory note ; but we think the plaintiff has failed to prove the liability of the endorser. The notary certifies that “ notices of protest were served on the endorsers, &c., by letters to them delivered, personally ; one to William Jones, by Mr. F. T. Laizer, and one to Shepherd, by Mr. Edward Buisson,” &c. If the notary had certified the manner in which he had served the notices, it would have been good evidence under the statute; but he cannot certify what was done by others out of his presence.

The judgment is, therefore, affirmed,…

2Cited by1 opinion

  1. Bres v. BoothSupreme Court of Louisiana · 1846

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