Jones v. Mansker
Supreme Court of Louisiana
ATTEAL FROM THE COURT OF THE THIRD DISTRICT, FOR THE PARISH OF EAST EATON ROUGE, THE JUDGE THEREOF PRESIDING. This is an action against the endorser of a promissory note. The defendant admitted hia signature, but denied his liability under his endorsement. At the trial, the plaintiff offered the protest and the notary’s certificate of notice to the defendant, of the dishonor of the note, in evidence.
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ATTEAL FROM THE COURT OF THE THIRD DISTRICT, FOR THE PARISH OF EAST EATON ROUGE, THE JUDGE THEREOF PRESIDING. This is an action against the endorser of a promissory note. The defendant admitted hia signature, but denied his liability under his endorsement. At the trial, the plaintiff offered the protest and the notary’s certificate of notice to the defendant, of the dishonor of the note, in evidence. The defendant’s counsel objected : 1st. That neither of the documents purported to be a copy from the original on file. . 2d. That the statement in the notary’s certificate of the manner in which…
1Opinion of the CourtMorphy, J.
This case, which is a suit against the endorser of a promissory note, turns entirely on the sufficiency of the notice which the holder was bound to give him of the default of the drawer. The notary, in his protest and certificate executed in conformity with the statute of 1827, states, that on the day of the protest of this note, he delivered a written notice of such protest to defendant’s clerk, at defendant’s store, in the town of Baton Rouge. This is said to be insufficient. It has been contended, that the name of this clerk should have been given ; that, this statement of the notary is…
2Cases cited1 opinion
- President of the Bank of United States v. HatchSupreme Court of the United States · 1832
3Cited by1 opinion
- Manadue v. KitchenSupreme Court of Louisiana · 1842