Union Bank v. Brewer
Supreme Court of Louisiana
Appeal by the defendant Chambers, from a judgment of the District-Court of Rapides, Cushman, J. con:tended that an endorser warrants the genuineness of the instrument, and that it is incumbent on him to prove that any alterations in the instrument, apparent on its face, were falsely or fraudulently made. cited Chitty, 212; Bailay, 98, 99; -19 Johnson, 39.X, to show that it was incumbent on the plaintiffs to prove that the note was altered under circumstances to-render it…
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Appeal by the defendant Chambers, from a judgment of the District-Court of Rapides, Cushman, J. con:tended that an endorser warrants the genuineness of the instrument, and that it is incumbent on him to prove that any alterations in the instrument, apparent on its face, were falsely or fraudulently made. cited Chitty, 212; Bailay, 98, 99; -19 Johnson, 39.X, to show that it was incumbent on the plaintiffs to prove that the note was altered under circumstances to-render it available against the parties.
1Opinion of the Court
The judgment of the court was pronounced by
Slidell, J.*
The defendant Josias Chambers is sued .as endorser -of a promissory note made by Breioer, to the order of, and endorsed by, Ralph Smith, by Chambers, and by Spurlock. The defendant pleaded the general issue ; and also that, since he endorsed, a material change has been made in the instrument apparent on its face, and that such alteration has destroyed his liability. The defendant asked for a trial by jury, -which was refused. The -case was tried by the court, judgment .was given for the plaintiffs, and the defendant Chambers has appealed.
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2Cases cited1 opinion
- McMicken v. BeauchampSupreme Court of Louisiana · 1831
3Cited by3 opinions
- Harris Finance Corp. v. FonteLouisiana Court of Appeal · 1958
- Watts v. BrooksLouisiana Court of Appeal · 1961
- Twilbeck v. TwilbeckLouisiana Court of Appeal · 1966