Argue v. Wilson

SCOTT, J., pro tem.

In an action instituted by plaintiff, a cross-complaint was filed against him on which judgment was recovered in the trial court. His insurance carrier gave cross-complainants a draft for the amount of the judgment, payable upon presentation to the insurance company’s office in New Orleans, Louisiana, but two days later and while the draft in due business course was in transit for presentation and before it was presented for payment a receiver took over the company’s assets and payment was refused and the draft dishonored. A satisfaction of the judgment which had been…