Downs v. Wall
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Louisiana. Libel by Wiley Downs against S. E. Wall and others. Erom a decree sustaining exceptions to the libel and dismissing it, libelant appeals.
Read the full summary
Appeal from the District Court of the United States for the Eastern District of Louisiana. Libel by Wiley Downs against S. E. Wall and others. Erom a decree sustaining exceptions to the libel and dismissing it, libelant appeals. Wiley Downs proijounded his libel against S. E. Wall of West Monroe, Da., and the Dambou, Noel Dumber & Manufacturing Company of the city of New Orleans, and against Victor Dambou, also of the city of New Orleans, to recover rent and damages on a maritime contract, as follows: “Agreement between S. E. Wall of West Monroe, Da., party of the first part, and Wiley Downs…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). As the exception of the Lambón, Noel Rumber & Manufacturing Company admits the signature of the corporation to the contract sued on, the presumption is that it was for some purpose, and, as a corporation can hardly sign as a witness, that the Rambou, Noel Rumber & Manufacturing Company signed either as principal or surety; therefore we think it clear that the libel and amended libel state a cause of action against that corporation cognizable in admiralty.
_Vs to the exception of Victor Rambou the case cannot be quite as apparent, because he might have signed…
2Cases cited5 opinions
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Watts v. CamorsSupreme Court of the United States · 1885
- The VividDistrict Court, E.D. New York · 1870
- Roberts & Crain v. JenkinsSupreme Court of Louisiana · 1841
- The J. F. SpencerDistrict Court, E.D. New York · 1869
3Cited by5 opinions
- Diesel Heat & Power, Inc., Claimant-Owner of Yacht Scotia v. Dixon Marine Industrial Power Transmission, Inc.Court of Appeals for the Fifth Circuit · 1956
- Connecticut Fire Ins. v. Lake Transfer Corp.Court of Appeals for the Second Circuit · 1934
- Mexican Petroleum Corp. of Louisiana, Inc. v. North German LloydDistrict Court, E.D. Louisiana · 1926
- New England Newspaper Pub. Co. v. United StatesDistrict Court, D. Massachusetts · 1937
- National Oil Transport Co. v. United StatesDistrict Court, E.D. Louisiana · 1927