Gale v. Kemper's Heirs
Supreme Court of Louisiana
Western-Dirt. APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is an action against the widow and heirs of the late Nathan Kemper, deceased, to recover from them the amount of the following promissory note, on the endorsement of their ancestor.
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Western-Dirt. APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is an action against the widow and heirs of the late Nathan Kemper, deceased, to recover from them the amount of the following promissory note, on the endorsement of their ancestor. “Parish of St. Mary, April 1, 1829. “ Twelve months after date I promise to pay Nathan Kemper, or order, at the office of discount and deposit of the Bank of the United States, in New-Orleans, one thousand dollars, value received. “ F. T. HUDSON. “ Pay to the use of Levi H. Gale. (Endorsed) “ Nathan Kemper.” The…
1Opinion of the CourtMartin, J.
The defendants complain of the judgment of the District' Court against them, rendered on a promissory note, endorsed by their ancestor, on the following grounds:
First, The demand was not legally made.
Second, The demand, protest and placing the notices in the post office, should have been made in presence of the witnesses.
Third, The certificate of the notary does not state in what post office the notices were put., Fourth, The notice of protest was improperly directed to the parish of St. Mary, when there are Several post offices in that parish. . '
Fifth, The certificate does not state that…
2Cited by10 opinions
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- Burthe v. LeeLouisiana Court of Appeal · 1934
- Knox v. LiddellSupreme Court of Louisiana · 1843
- Mitchell Ex Rel. Tart v. Louisiana Industrial Life Ins.Supreme Court of Louisiana · 1943
- Langston v. WillisLouisiana Court of Appeal · 1965
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