Livingston v. Gaussen

Howéll, J.

This suit is brought against the legal representative of J. K. Elgee on a note made by him as “ executor of the estate of Kelso,” to the order of and endorsed by W. & D. Urquhart.

The defendant pleaded the peremptory exception that no cause of action is set out against Elgee individually, as he signed said note in his fiduciary capacity, and plaintiff could only sue the estate of Kelso.

In support of this exception, which was maintained by the judge a quo, defendant’s counsel quote the cases of Gillet v. Heirs of Rachal, 9 R. 276, and Bank of Louisiana v. Dejean, 12 R. 16.

In' these…