Legal Opinion

Petitpain v. Palmer

Supreme Court of Louisiana

Decided January 15, 1842PublishedCited by 2 opinions

This case was tried before a jury in the District Court of the First District, Buchanan, J. There was a verdict and judgment against the defendant, and A. W. L. Palmer, her husband, in so-lido, for the amount of the note sued on.

1Opinion of the CourtMartin, J.

The defendants are appellants from a judgment on „ a note of the wife payable to the husband, and endorsed by him to the plaintiff. The appellees’ counsel has contended :

1. That a note is always presumed to he given for a valid consideration, and that it devolves on the adverse party to show the contrary.

2. That the incapacity of the wife to make a contract, is removed by the authority of the husband.

3. That the wife should have pleaded her incapacity, and the want of consideration, if either existed, or that the note was not given for her benefit.

I. With regard to the note, it was absolutely…

2Cited by2 opinions

  1. Dodd v. HoranSupreme Court of Louisiana · 1929
  2. Dodd v. HoranLouisiana Court of Appeal · 1929

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