West v. Wilson
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST DISTRICT. This was an action by the endorsee against the drawers of a bill of exchange, and commenced by attachment. The answer averred that the plaintiff had no interest in the bill, and further, that it was the property of the payees, Webb & Co., against whom the respondents had an equitable defence.
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APPEAL FROM THE COURT OF THE FIRST DISTRICT. This was an action by the endorsee against the drawers of a bill of exchange, and commenced by attachment. The answer averred that the plaintiff had no interest in the bill, and further, that it was the property of the payees, Webb & Co., against whom the respondents had an equitable defence. From the evidence, it appeared that Webb & Co. were indebted to the plaintiff, and remitted to him the bill, which, 'when collected, was to be placed to their credit. There was judgement for the plaintiff in the court below, and the defendants appealed.
1Opinion of the CourtPorter, J.
This suit commenced by attachment, and is brought against the drawers of a bill of exchange, whose draft was protested for nonacceptance.
The principal matter in contest between the parties, is the right of the plaintiff to the note. The defendants insist he is but the agent of the payees, and that there is a failure of the consideration for which the bill was given.
The evidence shows the payees were indebted to the plaintiff, and remitted him the draft for collection. It was regularly endorsed to him. Whether these circumstances might not, in an ordinary case, vest such an interest in the…
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