Legal Opinion

Briggs v. Stafford

Supreme Court of Louisiana

Decided February 15, 1840PublishedCited by 4 opinions

Eastern Dist. AITEAL PROM THE COURT OP THE EIGHTH JUDICIAL DISTRICT, FOR THE PARISH OP ST. TAMMANY, THE JUDGE THEREOF PRESIDING. This is an action against the endorser of a promissory note, protested for non-payment, and due notice thereof alleged to be given to the endorser. The defendant denied that the plaintiff was the legal holder of the note, or had any right to receive payment.

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Eastern Dist. AITEAL PROM THE COURT OP THE EIGHTH JUDICIAL DISTRICT, FOR THE PARISH OP ST. TAMMANY, THE JUDGE THEREOF PRESIDING. This is an action against the endorser of a promissory note, protested for non-payment, and due notice thereof alleged to be given to the endorser. The defendant denied that the plaintiff was the legal holder of the note, or had any right to receive payment. He further averred, there was no legal notice of demand and protest ever given him, and prayed to be dismissed. On the trial, the note, protest and certificate of notice was offered in evidence. The defendant…

1Opinion of the Court

Bullard, /.,

delivered the opinion of the court.

This is an action by the holder, against the endorser of a promissory note, alleged to have been duly protested for nonpayment, and notice thereof given to the endorser. There was a verdict for the defendant, and judgment being pronounced thereon, the plaintiff prosecutes this appeal.

Our attention is first drawn to a bill of exceptions, from which it appears that the defendant offered as a witness E. P. Ellis, the notary who signed the protest filed in this case, to prove that no demand was made, which was objected to by the plaintiff, on the…

2Cited by4 opinions

  1. State ex rel. Beach v. SuttonMissouri Court of Appeals · 1877
  2. Kennedy v. YoungSupreme Court of Louisiana · 1915
  3. Mathews v. BolandSupreme Court of Louisiana · 1843
  4. Peet v. DoughertySupreme Court of Louisiana · 1844

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