McCloskey, Bigley & Co. v. Wingfield & Bridges
Supreme Court of Louisiana
^PPEAL from the Fourth District .Court, parish of Orleans. Houston* Bentinck Egan, for plaintiffs and appellees, contended: First — That a defense to the rule on the surety to hold him liable, setting up that defendant had not the notice he was entitled to by art. 239, O. P., should have been set up as an exception, and a judgment on it provoked, and not having done that, that defendant waived it. 31 A. 681. Second — A similar rule was taken on 31st August, 1875, upon which…
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^PPEAL from the Fourth District .Court, parish of Orleans. Houston* Bentinck Egan, for plaintiffs and appellees, contended: First — That a defense to the rule on the surety to hold him liable, setting up that defendant had not the notice he was entitled to by art. 239, O. P., should have been set up as an exception, and a judgment on it provoked, and not having done that, that defendant waived it. 31 A. 681. Second — A similar rule was taken on 31st August, 1875, upon which a judgment of dismissal was rendered against plaintiffs, who appealed to the Supreme Court: The judgment rendered by ihe…
1Opinion of the Court
The opinion of the court was delivered by
Spencer, J.
Plaintiffs, alleging themselves to be a commercial firm composed of Peter G. Bigley & N. J. Bigley, doing business under name and style of McCloskey, Bigley & Co., sued the defendants, Wingfleld & Bridges, another firm, on an account, and attached a lot of coal, mules, carts, etc.
The defendants got an order of release of said attachment, conditioned upon their giving bond with good security, in the sum of $1500. They gave bond, with one Barbot as surety, and the sheriff turned over the property to them, and returned the bond into court. On…
2Cases cited1 opinion
- Stuart v. KissamNew York Supreme Court · 1848
3Cited by4 opinions
- Price v. CarltonSupreme Court of Georgia · 1904
- J. L. Philips & Co. v. BarberSupreme Court of Louisiana · 1922
- Road Dist. No. 1 of Parish v. Fidelity & Deposit Co.Supreme Court of Louisiana · 1940
- Mosely v. OvertonLouisiana Court of Appeal · 1934