14 La. 386 | La. | 1840
delivered the opinion of the court.
This case bears much analogy to, and can hardly be distinguished from that of Smith vs. Gorton, 10 Louisiana Reports, 376. It is brought on a bill of exchange, drawn by one Tebo, on Duggan & Co., of Mississippi, and made payable to the order of plaintiffs, at the counting-house of the defendants. The latter endorsed the bill for the purpose, it is alleged, of guaranteeing its punctual payment at maturity. Whatever may have been the decisions made in other states, in cases of this kind, the well settled law here is, that, where a person, not a party to a bill or note, puts his name upon it, ‘. i, , r v he is presumed to have done so as surety, unless he destroys that presumption by showing surprise, fraud, &c., or any other such circumstance. No explanatory evidence has 1 J been offered by defendants, why their names appear first on the back of this bill ; we must then consider their endorse
It is, therefore, ordered, adjudged and decreed, that the judgment of the court below be affirmed, with costs.