Bacon v. Smith
Supreme Court of Louisiana
Appeal from the District Court of West Baton llougo, Burk, J. Plaintiffs sue as holders of a promissory noto, endorsed in blank. Banlcs v. Easton, 3 Mart-.-N. S.291 .-Shawv. Thompson, 3 Ib. N. S. 392. They are entitled to interest, there being no legal tended of payment. C.P. 407. G La. 16. Starkie on Ev. p. 107, note q, and p.-1067 note, citing 4 Dallas,-325. Starkie on-Ev. pp.-l059, 1070, nótele.-
1Opinion of the Court
The judgment of the court was pronounced by
King,-- J.
The defendants are sued as the maker and endorser of two pro-' missory notes, and plead in defence that the plaintiffs are not the owners, and-have never had the actual possession, of the notes sued-on ; that-the possession-of the plaintiffs was only constructive, as the assignees of the Bank of the United-States, the actual possession being in W. kk. Frazier ;■ that the notes were attached at the suit of the United States, as belonging to the Bank of the United-States, and thereby taken from-the control of-the plaintiffs; and that by no…
2Cases cited1 opinion
- Mudd v. Stille's HeirsSupreme Court of Louisiana · 1833
3Cited by1 opinion
- Frey v. Fitzpatrick-Cromwell Co.Supreme Court of Louisiana · 1902