Bonnemer v. Negrete
Supreme Court of Louisiana
ArPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action on a promissory note given in part payment of the price of a quantity of logwood. The defendant denied being in any manner indebted to the plaintiff, and prayed that the suit be dismissed.
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ArPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action on a promissory note given in part payment of the price of a quantity of logwood. The defendant denied being in any manner indebted to the plaintiff, and prayed that the suit be dismissed. He also pleaded a peremptory exception, that the note had been extinguished by a transaction or novation, between Tomas Lopez and the defendant; and that this extinguishment of the debt took place while Lopez was the holder and owner of the note; and he prays judgment in his behalf. The only evidence of a novation or…
1Opinion of the CourtMorphy, J.
Defendant being sued on his promissory note for one thousand five hundred and eighty-seven dollars and fifty cents, pleaded novation. There was a judgment below against him, from which he appealed.
The evidence of the case shows that the note sued on was given in part payment of a quantity of logwood, sold to defendant by one Tomas Lopez, acting as plaintiff’s agent., Being unable to meet his engagement at maturity, the defendant gave Lopez an order on his attorney, Angel de la Cruz Muñez, to pay him a sum of two thousand eight hundred and sixty dollars, out of certain moneys to be received on…
2Cited by3 opinions
- Bonacorso v. TurnleyLouisiana Court of Appeal · 1957
- Muggah v. RogersSupreme Court of Louisiana · 1845
- Indiana Bridge Co. v. HollenbeckNebraska Supreme Court · 1915