Butler v. Slocomb
Supreme Court of Louisiana
^PPEAL from the Fifth District Court, parish of Orleans. Rogers, First — Plaintiff knew'nothing of the financial relations existing between the parties to the note sued on at the time that he acquired said note. Had he known said relations, such knowledge would not injuriously affect his case.
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^PPEAL from the Fifth District Court, parish of Orleans. Rogers, First — Plaintiff knew'nothing of the financial relations existing between the parties to the note sued on at the time that he acquired said note. Had he known said relations, such knowledge would not injuriously affect his case. Second — If defendant be an endorser, as she claims, then plaintiff not only had the right, but was bound to consider that Urquhart acquired the note, not from his wife, but from defendant. Third — If defendant is to be considered as an endorser quoad plaintiff, then she is still bound, notwithstanding…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The plaintiff seeks to hold the defendant responsible personally, and to subject her estate, with mortgage, to the payment of the “ mortgage note ” sued upon. It is chiefly claimed that the defendant is liable as surety and as indorser, though the note was not protested, and that her estate is burdened with a mortgage given to secure the payment of the note, and which encumbered it when she acquired it. The defense is, that the defendant is liable, neither as a surety nor as an indorser, nor otherwise, and that the mortgage claimed never…
2Cases cited2 opinions
- Erwin v. . DownsNew York Court of Appeals · 1857
- Schmidt v. FreySupreme Court of Louisiana · 1844
3Cited by2 opinions
- Davis v. WelchSupreme Court of Louisiana · 1911
- Territory v. CrowleyHawaii Supreme Court · 1939