Shepherd v. Jonte
Supreme Court of Louisiana
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
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