Keith v. Mackey
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. cited Chilly on Bills, 1, 2, 424, 533-535. Bailey on Bills, 294, note 137 lb. 304 and 496, note 26. 3 Mart. N. S. 5. 9 La. 128. 13 La. 101. 12 Mart. 671.
1Opinion of the CourtMartin, J.
The defendant is appellant from a judgment against him, as drawer of a bill of exchange, not presented, nor protested in due time. The record shows, that the parties met in New York, some time between the last day of grace and the day on which the bill was finally protested, when the defendant promised to the plainlifF, that if he would forbear to present the bill, he would pay it shortly ; notwithstanding which, the bill was afterwards presented, protested, and the present suit brought. It is very clear, that the plaintiff, by protesting the bill, absolved the defendant from all obligation…
2Cited by1 opinion
- Freeman ex rel. Barnes v. ProfiletSupreme Court of Louisiana · 1845