Barriere F. W. C. v. Gladding's Curator
Supreme Court of Louisiana
Appeal from the court of probates for the parish and city of New Orleans. This is an action on a promissory note, executed by J. H. Gladding, a few hours before his death, in favor of the plaintiff, a free woman of color, with whom he lived and called his housekeeper, for the sum of $4000, payable thirty days after date. Suit was brought against the curator of the deceased, who refused to allow or pay it.
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Appeal from the court of probates for the parish and city of New Orleans. This is an action on a promissory note, executed by J. H. Gladding, a few hours before his death, in favor of the plaintiff, a free woman of color, with whom he lived and called his housekeeper, for the sum of $4000, payable thirty days after date. Suit was brought against the curator of the deceased, who refused to allow or pay it. The curator pleaded that said note was not Gladding’s voluntary act: but was made in his extreme and last sickness, when he was incapable of making any act, not even his last will. That no…
1Opinion of the CourtSimon, J.
Plaintiff sues to recover a sum of $4000, which she alleges to be the amount of a note subscribed by Joseph H. Gladding, on the 25th of July, 1839. The defendant, who is the curator of the succession of the alleged maker of the. note, pleads, that the instrument sued upon was not the voluntary act of the deceased, but was made when from his extreme and last sickness he was incapable of making any act not even a last will; that no consideration was given for. the said note, and that the plaintiff lived in a state of concubinage with the deceased, and was incapable of recovering by donation,…
2Cited by8 opinions
- Vercher v. RoySupreme Court of Louisiana · 1930
- Succession of LeroySupreme Court of Louisiana · 1925
- Bordelon v. BrownLouisiana Court of Appeal · 1956
- Brittain v. RichardsonSupreme Court of Louisiana · 1842
- Farrar v. MichoudSupreme Court of Louisiana · 1870
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