M'Allister v. Srodes
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. The plaintiff alleges, that the defendant, by a written agreement, dated the 20th July, 1836, bound himself to convey one-eighth of the steamer Moravian to one J. C. Dunn, for the sum of four thousand three hundred and seventy-five dollars, who delivered him two drafts drawn on petitioner for two thousand dollars each, and one for one thousand six hundred dollars on one Wm.
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Eastern Dist. APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. The plaintiff alleges, that the defendant, by a written agreement, dated the 20th July, 1836, bound himself to convey one-eighth of the steamer Moravian to one J. C. Dunn, for the sum of four thousand three hundred and seventy-five dollars, who delivered him two drafts drawn on petitioner for two thousand dollars each, and one for one thousand six hundred dollars on one Wm. Lape, of Rodney,. Mississippi; that Dunn transferred to petitioner, by endorsement on the back of said agreement, all his…
1Opinion of the CourtMartin, J.
The plaintiff seeks to recover from the defendant the sum of four thousand three hundred and seventy-five dollars, with interest, which he alleges to be in the hands of the defendant, as the price of one-eighth undivided part of the steam-boat Moravian, which the defendant had undertaken to convey to him, or to obtain its conveyance.
An agent receiving drafts, and engaging to make title as soon as he collected them, undertakes to present them for payment, and to account to the other party for them, or show that one or more of them remained unpaid, before he is exonerated from his obligation.…
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