Perrotin v. Cucullu
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. The plaintiff residing at Kingston in Jamaica, instituted this suit against the defendant residing in New Orleans on the following bill of exchange: “Kingston, Jamaica, May-11, 1831. « Exchange for one thousand eight hundred dollars.
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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. The plaintiff residing at Kingston in Jamaica, instituted this suit against the defendant residing in New Orleans on the following bill of exchange: “Kingston, Jamaica, May-11, 1831. « Exchange for one thousand eight hundred dollars. “ Ninety days after sight this my first of exchange, pay to the order of Louis Perrotin, Esq. the sum of one thousand eight hundred dollars, value received, and place the same with or without further advice to the account of yours, &c. “ A. Lamerlere.” “ To Henry Thompson, Esq. Baltimore.” The petition charges…
1Opinion of the CourtMathews, J.
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This was an action in which the defendant is sued as the drawer of a bill of exchange. Judgment was rendered in favor of the plaintiff in the court below, from which the defendant appealed.
The bill was drawn by one Lamerlere as agent for the defendant in favor of the plaintiff, on Henry Thompson of Baltimore, was endorsed by the payee, and after protest for non-acceptance, was taken up by the latter, who paid the amount to the holder, together with all legal costs and damages occasioned by the protest. The defence is want of authority in the person who assumed the agency to bind his…
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