5 Rob. 486 | La. | 1843
Jared Y. Sanders, is appellant from a judgment rendered against him, as the second endorser of a note drawn by one John D. Hart, to the order of, and endorsed by Benjamin Hudson, his co-defendant. The record shows, that on the 13lh of October, 1842, a judgment was entered up, with the consent of the counsel of the first endorser, with a six months’ stay of execution, but, as it had through mistake been made to apply to both defendants, it was on the following day set aside, so far as concerned Sanders, who immediately filed an answer, pleading the general issue, the illegality of the protest, and want of notice. The protest, which is in due form, shows, that the note sued on was presented at the office of discount and deposit of the New Orleans Gas Light and Banking Company at Franklin, where it was make payable, that payment thereof was demanded, and that the answer made was, that it could not be paid. As to the notice of protest, the notary’s certificate mentions, that he gave notice of the protest of this note to the endorsers by means of two written notices, addressed to Benjamin Hudson, Franklin, La., and to Jared Y. Sanders, at Dutch Settlement, St. Mary, La., which notices he remitted at the post office at Franklin, on the day of the protest; and it is shown, that the Dutch Settlement is the nearest
Judgment affirmed.