Legal Opinion

Leftwitch v. Lecanu

Supreme Court of the United States

Decided January 28, 1867PublishedCited by 23 opinions

A statute of Louisiana* enacts “ that notaries shall keep a book, in which they shall transcribe all the protests by them made, with mention made of the notices which they shall ■have given to drawers and indorsers, &c.; which declaration, duly recorded under the signature of the notary public and two witnesses, shall be received as a legal proof of the notices.”

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A statute of Louisiana* enacts “ that notaries shall keep a book, in which they shall transcribe all the protests by them made, with mention made of the notices which they shall ■have given to drawers and indorsers, &c.; which declaration, duly recorded under the signature of the notary public and two witnesses, shall be received as a legal proof of the notices.” With this statute in force, Leeanu sued Leftwiteh and others in the Circuit Court of the United States for the Eastern District of Louisiana, as indorsers of a promissory note. The suit was in the form usual in Louisiana, that is to…

1Opinion of the CourtJustice Miller

The only allegation of error in this record relates to a certificate of a notary public, that he had notified the in-dorsers of a promissory note of the dishonor of said note.

The bill of exceptions states that “ plaintiff’ offered in evidence an instrument in writing on the back of the protest, purporting to be a certificate of the notary, that he had notified the indorser of the note, which is hereunto annexed for reference as a part of this bill, to which certificate counsel for defendant objected,” &e. bio such paper is found annexed to the bill of exceptions, nor in any manner referred…

2Cited by23 opinions

  1. United States v. RogersCourt of Appeals for the Ninth Circuit · 1941
  2. Krauss Brothers Lumber Co. v. MellonSupreme Court of the United States · 1928
  3. Tracy's Administratrix v. Carver Coal Co.West Virginia Supreme Court · 1905
  4. Atchison & Nebraska Railroad v. WagnerSupreme Court of Kansas · 1877
  5. Rafferty v. KleinSupreme Court of Pennsylvania · 1917

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