McGuire v. Wooldridge
Supreme Court of Louisiana
Appeal from the District Court of Caldwell, Curry, J. relied on the case of Huie v. Bailey, 16 La. 216, and the cases there cited, and 19 La. 211. There was a sufficient consideration for the contract of release. 6 Peters, 251. Callihamv. Tanner, 3 Robinson, 299. 3 Mart. N. S. 596. The release having been by public act, was binding without a consideration. Civil Code, arts. 1523-1525. It is no answer that the arrange-, ment may have been beneficial to the surety.
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Appeal from the District Court of Caldwell, Curry, J. relied on the case of Huie v. Bailey, 16 La. 216, and the cases there cited, and 19 La. 211. There was a sufficient consideration for the contract of release. 6 Peters, 251. Callihamv. Tanner, 3 Robinson, 299. 3 Mart. N. S. 596. The release having been by public act, was binding without a consideration. Civil Code, arts. 1523-1525. It is no answer that the arrange-, ment may have been beneficial to the surety. He has a right to stand upon the very terms of his contract. 9 Wheaton, 680. 5 Peters’ Condens. Rep. 728. Ldbdell v. Niphler, 4 La.…
1Opinion of the CourtSimon, J.
Two of the defendants, James A. Wooldridge, and *48W. P. Snow, are appellants from a judgment rendered against them, in solido, as endorsers of certain notes drawn by Barnet G. Wooldridge, their co-defendant, in consideration of the price of certain property situated in the town of Columbia, sold to the latter by one Stokes, who, sometime after the notes became due, transferred them to the plaintiff. The notes sued on, were due on the first of April and twenty-first of May, 1840 ; were secured by a mortgage reserved on the property sold, and were transferred by notarial act to the plaintiff on…
2Cases cited3 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Potter v. GardnerSupreme Court of the United States · 1831
- Lobdell v. NiphlerSupreme Court of Louisiana · 1832
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- Central Sav. Bank & Trust Co. v. Oilfield Supply & Scrap Material Co.Supreme Court of Louisiana · 1943
- Interstate Trust & Banking Co. v. YoungSupreme Court of Louisiana · 1914
- Union National Bank v. GrantSupreme Court of Louisiana · 1895
- WALTERS AIR CONDITION. CO., INC. v. Firemen's Fund Ins. Co.Louisiana Court of Appeal · 1971
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