Boutte v. Martin
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE PIPTH DISTRICT, POR THE PARISH OP LA PAYETTE, THE JUDGE OP THE SIXTH PRESIDING. This is an action against Andre Martin and Alexander Arcineaux, as joint and several obligors, with one PierreCyprien Arcineaux, on the promissory note of the latter. The plaintiff alleges, that Martin is liable as principal, and A. Arcineaux as security, and prays judgment against them, jointly and severally, for the amount of the note.
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APPEAL PROM THE COURT OP THE PIPTH DISTRICT, POR THE PARISH OP LA PAYETTE, THE JUDGE OP THE SIXTH PRESIDING. This is an action against Andre Martin and Alexander Arcineaux, as joint and several obligors, with one PierreCyprien Arcineaux, on the promissory note of the latter. The plaintiff alleges, that Martin is liable as principal, and A. Arcineaux as security, and prays judgment against them, jointly and severally, for the amount of the note. The defendants severed in their answers. Martin admit- .... ' ted his signature, and pleaded a general denial. He averred he signed as surety, not as…
1Opinion of the Court
Martin, J,
delivered the opinion of the court.
This is an action against two sureties on a note. Judgment was given against both defendants, and Martin alone appealed.
The defence of the appellant was, that the plaintiff had neglected to sue the principal in the note, although earnestly urged to do so; and that he had indulged him with a prolongation of the day of payment.
The first plea was correctly disregarded. It is an idle one. The creditor generally requires security, to avoid suing the debtor; and the surety cannot require, before the creditor resorts to him for payment, that he should sue…
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- Griffing v. CaldwellSupreme Court of Louisiana · 1841
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