Commissioners of the Exchange & Banking Co. of New Orleans v. Bein
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. It is contended that the defendant is a married woman, and that, as there is no evidence that the “ contract was converted to her benefit,” she is not bound by it. This argument is founded on some decisions heretofore rendered by this court.
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Appeal from the District Court of the First District, Buchanan, J. It is contended that the defendant is a married woman, and that, as there is no evidence that the “ contract was converted to her benefit,” she is not bound by it. This argument is founded on some decisions heretofore rendered by this court. Upon reference to those cases, it will be found, that they all refer to the case of Durnford v. Gross and Wife, 7 Mart. 465. That case was decided under the Spanish law, and is based exclusively on the 61st Law of Toro, of which it quotes the very words ; but that law was repealed in 1828,…
1Opinion of the CourtMorphy, J.
This suit was brought upon a protested note for $16,000, drawn by the defendant to the order of, and endorsed by, John D. Bein, her husband. A judgement by default was entered up against both of the defendants. On its being made final, an appeal was taken by Catharine Bein. It is urged in her behalf in this court, that the note drawn by her in favor of her husband was a nullity in his hands, and that the rights of the plaintiffs, to whom he had endorsed it, were no better than his. There being no evidence in the record of the circumstances under which the contract had been made, the cause was…
2Cases cited3 opinions
- Terrell v. CutrerSupreme Court of Louisiana · 1842
- Martin v. DrakeSupreme Court of Louisiana · 1842
- Commissioners of the Exchange & Banking Co. of New Orleans v. BeinSupreme Court of Louisiana · 1843