Nolan v. Labatut
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; George Henry Théard, Judge. Action by Jennie Nolan against Henry P. Labatut and others. Judgment for defendants, and plaintiff appeals.
1Opinion of the CourtProvosty, J.
This suit is on the bond of a notary who absconded. The defense of the surety is that the acts, out of which the obligation sought to be enforced is allegad to have grown, were committed by the notary in his individual, not in his notarial, capacity, and that as a consequence the surety is not liable. The defense is founded on the decision of this court in the ease of Schmitt v. Drouet, 42 La. Ann. 1065, 8 South. 396, 21 Am. St. Rep. 408, the doctrine of which is expressed by the court as follows:
“Before a notary and his surety can be held, it is necessary to determine whether the act done or…
2Cited by12 opinions
- Commonwealth v. TurnerSupreme Court of Pennsylvania · 1940
- Lacour v. National Surety Co.Supreme Court of Louisiana · 1920
- Succession of KillingsworthLouisiana Court of Appeal · 1973
- Harz v. GowlandSupreme Court of Louisiana · 1910
- People ex rel. Young v. NederlanderMichigan Supreme Court · 1913
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