4 La. Ann. 276 | La. | 1849
The judgment of the court (King, J. absent,) was pronounced by
This is an appeal taken by the defendant from a judgment rendered against him as surety in a sequestration bond, dated the 15th of November, 1845. The bond was given in the suit of the plaintiff against Barton 8f Reed, to release certain articles being then- stock in trade in Poydras street, and at their camphine factory in Girod street.
There was a motion, made by the counsel for the plaintiff and appellee to dismiss the appeal, on the ground of the record being, defective, it not containing certain evidence adduced on the trial. The defect was supplied before the argument of the cause, by an authentic copy of the document which was wanting. It was agreed, in the court below, that a copy was to be furnished, and- the irregularity results from the plaintiff’s consent. It would be unjust to permit him to derive any advantage from a state of things which he was instrumental in producing.
Tlse bond was intended to secure the delivery of the articles sequestered, and the question before us is whether it has been forfeited. Welsh v. Barrow, 9 Rob. 535. The plaintiff had judgment agqinst Barton Sf Reed, on the confession of Barton. The partnership between these parties having been previously dissolved, Barton’s confession of judgment can only be held binding on himself; but as Barton Sf Reed were bound in solido in the bond, a regular judgment against either would be binding on the surety. It is objected by the counsel for the defendant, that this judgment is not binding on the defendant, and does not conclude his. liability on the bond, because, at the time the confession of judgment.
The judgment of the District Court is therefore reversed, and judgment rendered in favor of the defendant, with costs in both courts.