Dwight v. Linton
Supreme Court of Louisiana
Appeal from the District Court of St. Landry, Boyce, J. The plaintiffs sue as endorsees of a promissory note made by Andrus & Harman, payable to the order of the defendant, and by him endorsed to the plaintiffs.
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Appeal from the District Court of St. Landry, Boyce, J. The plaintiffs sue as endorsees of a promissory note made by Andrus & Harman, payable to the order of the defendant, and by him endorsed to the plaintiffs. Petition filed 13th April, 1840. On the 3d of June following, the defendant answered, that the plaintiffs had large claims against the commercial firm of Andrus & Harman, for whom he was acting as attorney ; that he endorsed the note as such, having received no consideration therefor, and with the express understanding that the amount was to be paid from collections to be afterwards…
1Opinion of the CourtMorphy, J.
The defendant, endorser of a note drawn by Andrus & Harman, has appealed from a judgment decreeing him to pay its amount. He has called our attention to three bills of exception, taken during the progress of the trial.
I. The defendant moved the court to fix the amount, necessary to carry on the discussion of certain property he had pointed out as belonging to the drawers. This the judge refused to do, on the ground that he was not entitled to the benefit of discussion. The motion was in our opinion properly overruled, but not for the reason assigned by the judge. An accommodation endorser,…
2Cited by7 opinions
- Fuselier v. HudsonLouisiana Court of Appeal · 1957
- Brandin Slate Co. v. ForneaLouisiana Court of Appeal · 1938
- Segari v. UchelloLouisiana Court of Appeal · 1950
- State v. BradleySupreme Court of Louisiana · 1856
- Succession of BagleySupreme Court of Louisiana · 1908
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