Legal Opinion · Dissent

O'Banion v. Willis

Louisiana Court of Appeal

Decided June 30, 1930No. 635Published

1DissentElliott, J.

I think it a proper deduction, from what J. L. O’Banion says, that, when J. E. Willis paid him $30, promising at the same time to pay the balance due on the note within thirty or sixty days, Willis understood from plaintiff that plaintiff would in consideration of the payment wait on him for thirty or sixty days for the balance, that such was the tacit understanding between them. But I think the delay which it was understood the maker was to have amounted to nothing more than forbearance; that the plaintiff could have sued if he had been so disposed, and, if the indorsers had paid the note,…

2Cases cited6 opinions

  1. McLemore v. PowellSupreme Court of the United States · 1827
  2. John M. Parker & Co. v. GuillotSupreme Court of Louisiana · 1907
  3. Huie v. BaileySupreme Court of Louisiana · 1840
  4. Purdy v. ForstallSupreme Court of Louisiana · 1893
  5. Dubuch v. GoudchauxSupreme Court of Louisiana · 1851

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