Kirkpatrick v. M'Millen
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This is an action against the maker and endorsers of a promissory note, given for part of the price of certain lots. The defendants averred, that said lots were since sold by them to Sewell and Clannon, who assumed the payment of the note sued on, and pray that they be called in warranty, and required to pay-the same.
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Eastern Dist. APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This is an action against the maker and endorsers of a promissory note, given for part of the price of certain lots. The defendants averred, that said lots were since sold by them to Sewell and Clannon, who assumed the payment of the note sued on, and pray that they be called in warranty, and required to pay-the same. The warrantors appeared and demanded a diminution of price in consequence of a deficiency in the quantity or measurement of said lots, and prayed to be allowed a sum proportioned to…
1Opinion of the CourtBullard, J.
This is an action by the payee against the maker .and endorsers of a promissory note. The consideration appears to have been certain town lots purchased from the plaintiff by the makers of the note, who, in the mean time, sold the lots to Sewell and Clannon, who assumed to pay the notes *498sued on. The second purchasers were made parties as guarantors,, and the original defendants claim a judgment over against them in solido, according to their contract. Code of Practice, article 379.
Where several lots are sold in block, designated by numbers, in a particular square, according to a plan,…
2Cited by15 opinions
- Muntz v. Algiers & G. Ry. Co.Supreme Court of Louisiana · 1905
- Scurria v. RussoLouisiana Court of Appeal · 1961
- Passera v. City of New OrleansSupreme Court of Louisiana · 1928
- Gray v. CocoSupreme Court of Louisiana · 1904
- Aucoin v. MarcelLouisiana Court of Appeal · 1948
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