Bank of Louisiana v. Mansker
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE THIRD DISTRICT, FOR THE PARISH OP EAST BATON ROUGE. This is an action against the maker and endorsers of a promissory note. ‘The endorsers .pleaded a general denial, and alone made defence. The note sued on was regularly protested, and the notary certifies that he “ delivered notice of protest at the store of Mansker & Dewey, (the endorsers) in the town of Baton Rouge.”
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APPEAL FROM THE COURT OF THE THIRD DISTRICT, FOR THE PARISH OP EAST BATON ROUGE. This is an action against the maker and endorsers of a promissory note. ‘The endorsers .pleaded a general denial, and alone made defence. The note sued on was regularly protested, and the notary certifies that he “ delivered notice of protest at the store of Mansker & Dewey, (the endorsers) in the town of Baton Rouge.” On the trial, when the protest and certificate of the service of notice were offered in evidence, the defendants, by their counsel, objected to them, on the ground that the protest purports to be a…
1Opinion of the CourtMartin, J.
The defendants are sued as endorsers of a promissory note. They had judgment of non-suit in their favor, and the plaintiff appealed.
The only question which this case presents, relates to the service of notice of protest. The notary certifies that he “delivered the notices at the store of the defendants” in the town of Baton Rouge.
*116It is urged that this service was irregular and insufficient, because it is not shown that there was personal service made oa die defendants ; or that the notice was left with a proper person so as to bind them as endorsers. r
This case cannot be distinguished from…
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