Legal Opinion

Benton v. Abner C.

Supreme Court of Louisiana

Decided October 15, 1841PublishedCited by 2 opinions

This case is brought up from the District Court for the parish of Carroll. It was tried as to James Roberts before Dávis, J., and as to the other defendant, before Tenney, J.; hut the judgments against both defendants were delivered by the latter.

1Opinion of the CourtGarland, J.

This action was commenced by the endorsee of three promissory notes, for the sum of $4380 eaeh, drawn by the defendants to the order of Theodore D. Elliott, and endorsed by him, payable March 1, 1838, 1839, and 1840. The last note, on which there is a credit of $675, is said'to have been mislaid. An attachment was taken out against one of the defendants who is a non-resident.

In the petition it is alleged that the defendants are jointly indebted ; but two of the notes are annexed to the petition and asked to be taken as a part thereof, and they are joint and several obligations ; and the…

2Cited by2 opinions

  1. Succession of DaigleSupreme Court of Louisiana · 1860
  2. Arnold v. United InsuranceNew York Supreme Court · 1800

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