Relf & Zacharie v. M'Donogh
Supreme Court of Louisiana
Eastern Dis. APPEAL FROM THE COURT OE THE FIRST JUDICIAL DISTRICT. These are cross actions. In the first the plaintiffs, Relf & Zacharie allege and show that on the 1st of July, 1829, they executed to the defendant, M’Donogh, six promissory notes for the entire sum of $74,779 84, payable annually in six years from the time the first became due, to wit: on the 1st April, 1830. These notes were given by the present -plaintiffs to liquidate an old debt secured by mortgage,…
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Eastern Dis. APPEAL FROM THE COURT OE THE FIRST JUDICIAL DISTRICT. These are cross actions. In the first the plaintiffs, Relf & Zacharie allege and show that on the 1st of July, 1829, they executed to the defendant, M’Donogh, six promissory notes for the entire sum of $74,779 84, payable annually in six years from the time the first became due, to wit: on the 1st April, 1830. These notes were given by the present -plaintiffs to liquidate an old debt secured by mortgage, called the “ Pem-berton debt,” due by a plantation and slaves, purchased by Madame Zacharie in 1821, but which was…
1DissentBullard, J.
I have not the good fortune to agree with a majority of the court, in the conclusion to which they have come, an'd I proceed very briefly to set forth the grounds of my dissent..
I assume in the first place, what will not be controverted, that the judgment of the Supreme Court in the case of M'Donogh vs. Zacharie; (5 La. Rep., 247,) has not in this case, and between these parties, the authority of the thing adjudged. And, secondly, that the notes in question were given for a consideration which renders them obligatory on the defendants, unless they show error originally when they were given;…
2Cases cited1 opinion
- M'Donough v. ZacharieSupreme Court of Louisiana · 1833