Grand Gulf Railroad & Banking Co. v. Barnes
Supreme Court of Louisiana
Appeal from a judgment of the District Court of Madison, Curry, J., in favor of the plaintiffs. The notice was sufficient. Bailey on Bills, (ed. 1826,) 173, 174. Chitty on Bills, 315, 316. 4 Mart. N. S. 226. 5 Mass. Rep. 167. 2 Johnson’s Cases, 1. McCulloch v. Commercial Bank, 16 La. 568. Barker v. Whitney, 18 La. 579. Bank of Louisiana v. Watson, 15 La. 38. Nott's Ex’r v. Beard, 16 La. 310. Mainer v. Spurlock et al. 9 Robinson, 161.
1Opinion of the CourtMophy, J.
This suit is brought on a protested bill of exchange for $4000. drawn by the defendant at Port Gibson, on Bogart & Hoops of New Orleans, and accepted by them in favor of Jessie Harper, and endorsed by the payee, and Hoops & Bogart, to the petitioners, before maturity.
The defence set up is : First, that the notary who protested the bill in 'New Orleans, failed to send a direct notice to the defendant ; that he used no diligence to ascertain his residence, which was then in the parish of Concordia, and did not comply with the statute of 1827, by directing the notice to the place where the bill…
2Cases cited4 opinions
- Thomas v. TurnleySupreme Court of Louisiana · 1842
- Jourdan v. BarrettSupreme Court of Louisiana · 1839
- Thompson v. Wilson'sSupreme Court of Louisiana · 1839
- Barker v. WhitneySupreme Court of Louisiana · 1841