Maccoun v. Atchafalaya Bank
Supreme Court of Louisiana
APPEAL FROM THE COURT OP THE FIRST JUDICIAL DISTRICT, JUDGE EUCHANAN PRESIDING. This is an action by the holder of a draft, drawn by the chief engineer, on the Atchafalaya Rail Road and Banking Company, for the sum of five hundred dollars, payable at sight. The defendants pleaded a general denial.
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APPEAL FROM THE COURT OP THE FIRST JUDICIAL DISTRICT, JUDGE EUCHANAN PRESIDING. This is an action by the holder of a draft, drawn by the chief engineer, on the Atchafalaya Rail Road and Banking Company, for the sum of five hundred dollars, payable at sight. The defendants pleaded a general denial. On the trial, the plaintiff offered in evidence the certificate of protest of the notary, which states that he, (the notary,) presented the draft sued on, to the cashier of the bank, and demanded payment thereof in specie, and was answered “that he could pay the same in current bank notes of this…
1Opinion of the CourtRost, J.
This is an action instituted upon a check drawn in favor of the plaintiff upon the defendants, by the chief engineer of the Atchafalaya Rail Road and Banking Company. The defendants answered, and denied all the allegations by which they could be held responsible for the payment of the plaintiff’s claim. Judgment was given in favor of the plaintiff, and the defendants appealed.
The only evidence of an offer on the part of the defendants to pay, is the declaration of the notary in the act of protest, that when he demanded payment in specie from the cashier, the latter expressed his willingness…
2Cited by1 opinion
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