Williams v. Brashear
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARY, THE JUDGE THEREOF PRESIDING. This is an action against the drawer of a bill of exchange. The defendant, at New-Orleans, 12th of May, 1834, drew his draft for one thousand seven hundred and twenty-three dollars and seventy-four cents, on Bemiss, Brashear & Co., of Franklin, in the parish of St. Mary, payable the 1st of November following, to the order of John B. Bemiss, and by him endorsed.
Read the full summary
APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARY, THE JUDGE THEREOF PRESIDING. This is an action against the drawer of a bill of exchange. The defendant, at New-Orleans, 12th of May, 1834, drew his draft for one thousand seven hundred and twenty-three dollars and seventy-four cents, on Bemiss, Brashear & Co., of Franklin, in the parish of St. Mary, payable the 1st of November following, to the order of John B. Bemiss, and by him endorsed. The draft or bill was duly accepted by the drawees, and protested for non-payment; but no notice was given to the drawer. The…
1Opinion of the CourtMartin, J.
We have not attended to the merits of this case, it appearing to us that the District Court erred in refusing the new trial.
The defendant being absent, his attorney made a formal affidavit, stating newly discovered evidence, which came accidentally to his knowledge since the trial, to wit: that one John Lay, is able to prove that the defendant, who is sued on a bill of exchange, at the maturity of the bill, had sufficient funds for its payment in the hands of the acceptors. The affidavit contains all the averments requisite to sustain an application for a new trial, in a case like the…
2Cited by1 opinion
- Williams v. BrashearSupreme Court of Louisiana · 1841