Calliham v. Tanner
Supreme Court of Louisiana
Appeal from the Court of Probates of Rapides, Waters, J. Morphy, J. This suit is brought to recover, from the estate of Wm. B. Pearce, abalance of $1288, due on two notes, one for $7000, and the other for $8100, drawn by Josiah S. Stafford, to the order of and endorsed by Wm. B. Pearce, by David M. Calliham, the plaintiff, and by Leonidas A. Robert.
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Appeal from the Court of Probates of Rapides, Waters, J. Morphy, J. This suit is brought to recover, from the estate of Wm. B. Pearce, abalance of $1288, due on two notes, one for $7000, and the other for $8100, drawn by Josiah S. Stafford, to the order of and endorsed by Wm. B. Pearce, by David M. Calliham, the plaintiff, and by Leonidas A. Robert. The notes were originally held, by one John Dunwoodie, who, after they had been protested for non-payment, presented them to the defendant as administrator of the estate of Pearce. They were allowed as a just claim against the deceased, and placed…
1Opinion of the CourtMorphy, J.
The principle has long since been settled, that the discharging or giving time to any of the parties to a note or bill, is a discharge of every other party who, upon paying the same, would be entitled to sue the party to whom such discharge or time has been given. In the present case it is clear that, had the administrator of Pearce’s estate paid to Dunwoodie the amount of the note endorsed by the deceased, the latter could only have subrogated him to such rights as he had against Stafford, the maker of the note, under his contract with him and the other endorsers. For the prolongation of…
2Cases cited2 opinions
- President of the Bank of United States v. HatchSupreme Court of the United States · 1832
- Buckner, Stanton & Co. v. WattSupreme Court of Louisiana · 1841
3Cited by1 opinion
- Ludlow v. Bowne & EddyNew York Supreme Court · 1806