Legal Opinion

Vairin v. Hobson & Co.

Supreme Court of Louisiana

Decided March 15, 1835PublishedCited by 5 opinions

APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action by the holders, to recover from the defendants as drawers, the amount of a check payable to bearer, on the Union Bank of Louisiana,,for six hundred and fifty dollars forty-three cents, dated July 14th, 1834. The defendants pleaded the general issue, and that the check was given to a customer who lost it, and received another in its place, which was paid ; that the loss was duly advertised ; that the…

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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action by the holders, to recover from the defendants as drawers, the amount of a check payable to bearer, on the Union Bank of Louisiana,,for six hundred and fifty dollars forty-three cents, dated July 14th, 1834. The defendants pleaded the general issue, and that the check was given to a customer who lost it, and received another in its place, which was paid ; that the loss was duly advertised ; that the plaintiffs received it long after its date, loss and advertisement, under suspicious circumstances and without a good and…

1Opinion of the CourtMathews, J.

The plaintiffs sue as holders (bond fide and for a valuable consideration) of a check, drawn by the defendants, on the Union Bank of Louisiana, and made payable to bearer. Judgment was rendered by the court below in favor of the latter, from which the former appealed.

It appears by the facts admitted and the evidence of the case, that the check was lost by the person to whom it was first delivered, and who was the real owner, and its loss advertised, &c. It bears date on the 14th of July, 1834, and was hot heard of from that period until about the 10th of August, when it was purchased by a…

2Cited by5 opinions

  1. Commercial Credit Corp. v. SetliffLouisiana Court of Appeal · 1950
  2. Collins v. MageeLouisiana Court of Appeal · 1930
  3. George v. DupignacCourt of Appeals of Texas · 1925
  4. Cowing v. AltmanNew York Supreme Court · 1873
  5. Traders' Securities Co. v. DutschLouisiana Court of Appeal · 1931

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