Fortineau v. Boissiere
Supreme Court of Louisiana
APPEAR PROM TI1E PARISH COURT POR THE PARISH AND CITS' OP NEW ORLEANS. This is a suit against the defendant, Boissiere, and one Jacques Lefort, as endorsers of two promissory notes, signed by A. Rieffel, the 14th April, 18S7, payable one year after date. This suit was instituted the 12th November, 1840, by the holder and endorsee.
Read the full summary
APPEAR PROM TI1E PARISH COURT POR THE PARISH AND CITS' OP NEW ORLEANS. This is a suit against the defendant, Boissiere, and one Jacques Lefort, as endorsers of two promissory notes, signed by A. Rieffel, the 14th April, 18S7, payable one year after date. This suit was instituted the 12th November, 1840, by the holder and endorsee. The defendant, Boissiere, pleaded, the general issue ; and also a peremptory exception, averring he was discharged.— 1. The holder made a contract with the maker by which the debt is novated. — 2. That he has given long time to the maker on receiving interest' at…
1Opinion of the CourtMorphy, J.
This suit is brought on two promisory notes drawn by Rief-fel, to the order of, and endorsed by the defendant, amounting to $4,500 each. The petition contains the usual aver-ments of protegí and notice, and acknowledges a partial payment reducing the claim to $5,515. [ íhe 'defence is that the plaintiff has made a contract with the maker of these notes by which the debt is novated, that he has agreed to wait till *472a distant day without suing him, and has received a certain sum for amount of interest, at the rate of ten per cent, per an-num, till the 4th of August, 1840, and that by a new…
2Cited by1 opinion
- Waters v. Petrovic & BlanchardSupreme Court of Louisiana · 1841