Legal Opinion

Succession of Leroy

Supreme Court of Louisiana

Decided February 2, 1925No. 25168Published

1OpinionSt.- Paul, J.

I concur in the decree, but not wholly in the reasons given therefor. A certified, check is substantially nothing but a banker’s promise to pay (Act 64 of 1904, § 189), and I think this court should now flatly overrule and not merely distinguish whatever may have been said (obiter) in some old decisions, to the effect that, to be valid, the donation of the promissory note of another than the donor must be by notarial act. I think article 1536, R. C. 0., applies only to such credits as are not transferable by mere delivery of title. See Laurent, vol. 12, pp. 351, 352, Nos. 2S0, 281. Treasury…

2Cases cited5 opinions

  1. Succession of MooreSupreme Court of Louisiana · 1888
  2. Succession of DepouillySupreme Court of Louisiana · 1870
  3. Succession of RabasseSupreme Court of Louisiana · 1897
  4. Barriere F. W. C. v. Gladding's CuratorSupreme Court of Louisiana · 1841
  5. Miller v. AndrusSupreme Court of Louisiana · 1846

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