Davidson v. Stuart
Supreme Court of Louisiana
EASTERN DlST. APPEAL PROM THE COURT OP THE THIRD JUDICIAL DISTRICT, TIIE JUDGE OP THE EIGHTH PRESIDING. ■ This is an action on the following promissory note, to recover the amount from the makers thereof: “On the first day of January, 1833, we promise to pay to Moses Moore, or bearer, the sum of three hundred and ten dollars, with ten per cent, per annum, until paid. Value received this 29th day of June, 1830.” “JAMES D. STUÁRT, MARY STUART.”
Read the full summary
EASTERN DlST. APPEAL PROM THE COURT OP THE THIRD JUDICIAL DISTRICT, TIIE JUDGE OP THE EIGHTH PRESIDING. ■ This is an action on the following promissory note, to recover the amount from the makers thereof: “On the first day of January, 1833, we promise to pay to Moses Moore, or bearer, the sum of three hundred and ten dollars, with ten per cent, per annum, until paid. Value received this 29th day of June, 1830.” “JAMES D. STUÁRT, MARY STUART.” “Secured by mortgage on a plantation, by act of mortgage of this date, November 24th, 1830.” “JESSE R. JONES, Parish Judge.” The defendant, Mary Stuart,…
1Opinion of the Court
Bullard, J,
delivered the opinion of the court.
This is an action upon a promissory note, signed jointly by the defendants, who, it appears, are husband and wife. The latter pleads that she is not liable, because she signed the note as security for her husband, and not for her own benefit.
It is shown that the note was given for part of the price of a tract of land purchased by the wife herself, with the consent of her husband.
It is clear the defendant is not bound, unless it be §hown that the contract turned to her advantage, and was for something which the husband was not bound to furnish.…
2Cited by6 opinions
- Meyer v. KinzerCalifornia Supreme Court · 1859
- Kohner v. AshenauerCalifornia Supreme Court · 1861
- Carlton v. DurrLouisiana Court of Appeal · 1928
- Carroll, Hoy & Co. v. ManningSupreme Court of Louisiana · 1872
- In re State Realty Co.Louisiana Court of Appeal · 1909
1 more not listed; retrieve them via the Exa API.