66 So. 854 | La. | 1914
The defendants were sued as indorsers of a promissory note drawn by a corporation styled Powell Bros. & Sanders.
The petition recites that the defendants guaranteed the payment of the note and waived demand, protest, and notice of protest. The note is annexed to and made part of the petition. It contains this clause, “I or any indorser hereof waive demand, protest and notice of protest,” and bears the certificate of a notary public that it was duly protested for nonpayment on the day of its maturity.
Two of the five defendants filed pleas to the jurisdiction of the court, which were maintained, and the suit against them was dismissed.
The other three defendants filed exceptions of no cause of action, which were overruled. They then excepted to the suit on the ground that the plaintiff had no right of action. This latter exception was sustained, and the suit was dismissed by the district judge. On appeal to this court, the judgment was reversed and the case was remanded, to be proceeded with according to law. 132 La. 174, 61 South. 155. The defendants thereafter filed a plea of novation which, with their consent, was referred to the merits. They then filed an answer, they and the plaintiff obtained orders to take depositions under commission, and the case was fixed for trial and afterwards continued to a later date.
Thereafter, another judge having been elected to the district bench, the defendants filed another exception of no cause of action, which was sustained, and the plaintiff’s suit was again dismissed. The plaintiff has again appealed.
Opinion.