Legal Opinion

Barbarin v. Daniels

Supreme Court of Louisiana

Decided December 15, 1834PublishedCited by 1 opinion

APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiff obtained an order of seizure and sale, on the following note, secured by a mortgage on a house and lot, in the city of New-Orleans. “$2,700.” “New-Orleans, April, 16, 1834.” “Eighty-five days after date, I promise to pay to the order of Morris Jacobs, two thousand seven hundred dollars with interest, at the rate of ten per cent. ; value received.” “ Aaron Daniels.”

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APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiff obtained an order of seizure and sale, on the following note, secured by a mortgage on a house and lot, in the city of New-Orleans. “$2,700.” “New-Orleans, April, 16, 1834.” “Eighty-five days after date, I promise to pay to the order of Morris Jacobs, two thousand seven hundred dollars with interest, at the rate of ten per cent. ; value received.” “ Aaron Daniels.” Endorsed, “ Morris Jacobs, J. Barbarin.” Paraphed,, “Ne varietur, 23d April, 1834.” “Carlisle Pollock, N. P.” When the note became due, it was…

1Opinion of the CourtBullard, J.

The appellant assigns for errors apparent on the face of the record, 1st. That it appears by the note itself that it had been transferred by the endorsement of the appellee, and that the Bank of Louisiana was the holder at the time of the protest; and, 2d. In granting the order of seizure for the payment of conventional interest, not secured by the mortgage recited in the notarial acts on which said order is founded; or, at all events, in not restraining the interest to the space of time during which it was promised to be paid.

I. The endorsement is in blank, and the original, payee is in…

2Cited by1 opinion

  1. Conant v. WillsU.S. Circuit Court for the District of Indiana · 1839

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