Miller v. Whittier
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. This suit is brought against the drawers and endorser of the following note.
Read the full summary
APPEAL FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. This suit is brought against the drawers and endorser of the following note. “$¡400 Alexandria, April 2,1832. “On the first day of March, 1833, we jointly and severally promise to pay to the order of John Taylor, four . , J hundred dollars with ten per cent, per annum interest thereon, from the first of March lust, until paid, for value received, payable and negotiable at the Bank of Louisiana, at Alexandria.” “Jeffries and Whittier.” Endorsed “John Taylor.” The petition charges B,. S. Jeffries and Osgood…
1Opinion of the CourtMartin, J.
The defendant and appellant relies for the reversal of this judgment on an assignment of errors on the face of the record.
1. From the allegation in the petitions the note and protest do not correspond. The endorsement showing the Bank ofLouisiana was the holder and not the plaintiff; and if the *72latter put the note in bank for collection, the, proceeds would have gone to the credit of the appellant, Taylor, the only endorser, so that the note could not be protested.
in an assignfaceof the record6 nothing can avail the appellant which could have the ' appellant been cured by fntruduced'infhe…
2Cited by8 opinions
- Goldman v. ThomsonLouisiana Court of Appeal · 1926
- Rosenthal v. RosenthalSupreme Court of Louisiana · 1906
- Dewees v. HudgeonsTexas Supreme Court · 1846
- Miller, Lyon & Co. v. CappelSupreme Court of Louisiana · 1887
- Kræbutler v. President of the Bank of the United StatesSupreme Court of Louisiana · 1846
3 more not listed; retrieve them via the Exa API.