Lalaurie v. Cahallen
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE PARISH AND CITY OP 3VEW-OR1EANS. The defendant was the last and highest bidder, for a lot of ground offered by the plaintiff at auction, on a credit of six and twelve months, for a note satisfactorily endorsed. The defendant, on the day of sale, named to the auctioneer his endorser, who was approved of by the plaintiff.
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APPEAL PROM THE COURT OP THE PARISH AND CITY OP 3VEW-OR1EANS. The defendant was the last and highest bidder, for a lot of ground offered by the plaintiff at auction, on a credit of six and twelve months, for a note satisfactorily endorsed. The defendant, on the day of sale, named to the auctioneer his endorser, who was approved of by the plaintiff. The endorser, when called on, observed that he had money in his hands belonging to the defendant, and instead of endorsing would prefer paying cash. This proposition was accepted by the plaintiff, but never carried into effect; and the present suit…
1Opinion of the Court
Martin, 1.
delivered the opinion of the court.
This suit is brought for ~the recision of the adj,udication of a lot, sold by auction, at which the defendant was the last and highest bidder, on account of his neglect to comply with the terms of the sale. He pleaded a novation of• the debt. There was judgment against him, and he appealed.
The testimony shows the lot was sold on a credit, the purchaser giving an approved endorser. The defendant, tc> whom the lot was struck, offered Ramos as his endorser, who, on being called to endorse, proposed to pay the money down, which was accepted: he,…
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