Atkins v. Dixie Fair Co.
Supreme Court of Louisiana
Appeal from Third Judicial District Court, Parish of Bienville; J. E. Reynolds, Special Judge. Action by D. M. Atkins and another, receivers of the Gibsland State Bank, against the Dixie Fair Company, Limited, and others. From judgment for plaintiffs, defendant J. L. Baker appeals.
1Opinion of the CourtSommerville, J.
[1] A promissory note, which is alleged to be and is actually annexed to plaintiff’s petition, and “which is by reference made a part hereof” and filed, discloses, when read with the petition, a cause of action against a defendant who is an indorser on the note, although the petition is loosely and vaguely drawn, and does not set out that defendant is an indorser. Drumm v. Bradfute, 18 La. Ann. 680.
[2] And where there is embodied in the note a stipulation that, “the drawers and indorsers severally waive presentment for payment, protest and notice of protest and nonpayment of this note,” the…
2Cases cited9 opinions
- St. Paul v. Louisiana Cypress Lumber Co.Supreme Court of Louisiana · 1906
- Vincent v. FrelichSupreme Court of Louisiana · 1898
- Doullut v. SmithSupreme Court of Louisiana · 1906
- Teutonia National Bank v. WagnerSupreme Court of Louisiana · 1881
- Union National Bank v. GrantSupreme Court of Louisiana · 1895
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3Cited by11 opinions
- Morrison v. MiotonSupreme Court of Louisiana · 1927
- Bonart v. RabitoSupreme Court of Louisiana · 1917
- Meadow Brook National Bank v. RecileDistrict Court, E.D. Louisiana · 1969
- Central Sav. Bank & Trust Co. v. Oilfield Supply & Scrap Material Co.Supreme Court of Louisiana · 1943
- J. B. Beaird Corporation v. JohnsonLouisiana Court of Appeal · 1934
6 more not listed; retrieve them via the Exa API.