Gasquet v. Thorn
Supreme Court of Louisiana
Eastern Dist. ArrEAL FROM THE COURT OE THE FIRST JUDICIAL DISTRICT, JUDOE BUCHANAN, FRESIDING. This is an action against the guarrantor of a promissory note. The plaintiffs are the payees and holders of this note signed by Ripley & Thorn, dated the 30th January, 1836, payable fifteen months after date. After the execution of the note, to wit., on the 3d of February, 1836, the defendant, R. H. Thorn, gave a written obligation as follows: “ I hereby guaranty to Messrs.
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Eastern Dist. ArrEAL FROM THE COURT OE THE FIRST JUDICIAL DISTRICT, JUDOE BUCHANAN, FRESIDING. This is an action against the guarrantor of a promissory note. The plaintiffs are the payees and holders of this note signed by Ripley & Thorn, dated the 30th January, 1836, payable fifteen months after date. After the execution of the note, to wit., on the 3d of February, 1836, the defendant, R. H. Thorn, gave a written obligation as follows: “ I hereby guaranty to Messrs. Gasquet, Parish & Co., the payment of Ripley & Thorn’s three notes of date in their favor, &c.” The last of these notes was…
1Opinion of the CourtBullard, J.
This is an action to recover the amount of a promissory note, drawn by Ripley & Thorn to the plaintiffs’ order, upon a written engagement of the defendant, not a party to the note, to guaranty the payment of it, together with two other notes of the same date. The answer contains nothing more than a denial of indebtedness. The District Court being of opinion that the obligations of the guarantor of a particular note, are similar to those of an endorser, i. e., to pay in case of non-payment by the previous parties, provided demand is made and due notice given of default; and, no such notice…
2Cited by7 opinions
- Louisiana Bank and Trust Co., Crowley v. BoutteSupreme Court of Louisiana · 1975
- Brock v. First State Bank & Trust Co.Supreme Court of Louisiana · 1937
- Citizens' Bank & Trust Co. v. BarthetSupreme Court of Louisiana · 1933
- First Natl. Bank v. WhiteLouisiana Court of Appeal · 1930
- Trane Co. v. ChristinaLouisiana Court of Appeal · 1972
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