Legal Opinion

Siekmann v. Schwartz

Supreme Court of Louisiana

Decided February 13, 1911No. 18,190PublishedCited by 3 opinions

Appeal from Civil District Court, Parish of Orleans; Walter B. Sommerville, Judge. Action by Dr. Ivan F. Siekmann against Mrs. Widow Henrietta Schwartz. From the judgment plaintiff appeals.

1Opinion of the CourtBreaux, C. J.

Plaintiff brought this action of foreclosure, on June 28, 1909, on a promissory note for $12,000, with interest, dated New Orleans, June 23, 1908, payable one year after date, and secured by mortgage on lots of ground in this city.

Defendant obtained a writ of injunction without bond on the grounds that plaintiff is not the owner of the note sued on, and that he did not acquire it before maturity.

Defendant answers that she is not the maker of the note; that she did not sign the mortgage, and does not owe the amount claimed, no consideration having ever been received by her; in fact, that the…

2Cases cited2 opinions

  1. Plicque v. LabrancheSupreme Court of Louisiana · 1836
  2. Segond v. RoachSupreme Court of Louisiana · 1849

3Cited by3 opinions

  1. Schwartz v. SiekmannSupreme Court of Louisiana · 1914
  2. Bass v. BarthelemySupreme Court of Louisiana · 1914
  3. Siekmann v. SchwartzSupreme Court of Louisiana · 1913

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