Preston v. Daysson
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. The plaintiff" alleges that one Lasalle, on the 23d of July, 1832, executed his note for three hundred and thirty dollars ninety-four cents, payable four months after date, to the order of one Plotz, who endorsed it to Madame veuve Daysson, who endorsed it to the petitioner.
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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. The plaintiff" alleges that one Lasalle, on the 23d of July, 1832, executed his note for three hundred and thirty dollars ninety-four cents, payable four months after date, to the order of one Plotz, who endorsed it to Madame veuve Daysson, who endorsed it to the petitioner. That said note was presented for payment, protested, and due notice thereof given to the endorsers, who have all become liable for the payment thereof. He prays judgment accordingly. Madame Daysson alone made a defence. She admitted her endorsement on the note, pleaded…
1Opinion of the CourtBullard, J.
This suit is brought by the holder of a promissory note, against the endorsers; and the plaintiff alleges a regular demand of the drawer, protest for non-payment, and due notice.to the defendant as endorser. The defendant denies all the facts in the petition, except her signature, and she specially denies having received notice of protest.
In support of the allegation that the defendant had been duly notified of the demand, and non-payment, the plaintiff gave in evidence, a notarial protest, in the usual- form, with a certificate of the notary public thereto annexed, stating the manner in…
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