6 Mart. (N.S.) 217 | La. | 1827
delivered the opinion of the court.
gon tyie (Jefendant was indebted to the plaintiff and became insolvent. After the . . of his bilan, or immediately previous ° J 1 thereto, the plaintiff called on his father and told him that his son had acted fraudulently in his failure, and that unless he, the father, would pay a proportion of the debt due the plaintiff, he would prosecute the son criminally ; but, if the defendant would comply with the demand ⅜ * tlie plaintiff would obtain a discharge from the other creditors, and give his own.
It appears clearly, from the evidence, that the defendant, influenced by these menaces, and moved by parental affection, gave his three several notes to the plaintiff, payable at different times, for $800 each ; that these notes were afterwards surrendered and in lieu of them, the three obligations, given, on which this suit is brought.
The defendant sets up, as a defence to the payment, the illegality of the consideration ; he asserts the notes to be null and void.
The evidence does not shew whether the conduct of the son was fraudulent or not. i But
It is, therefore, ordered, adjudged and decreed, that the judgment of the district court be affirmed, with costs.