6 Rob. 120 | La. | 1843
This is an action against the maker and endorsers
The plaintiff in answer to interrogatories of the maker, stated, that Marlin had purchased the note for the joint account of the plaintiff and himself, for the sum of one thousand dollars ; that he afterwards bought it from Marlin ; that he did not know that the purchase of the note, after it had been offered for sale by the se
Bryce deposed, that the note was brought to him for his endorsement by the maker, after it had been endorsed by Texada ; that he thinks Compton said something about its being discounted in the Bank of Louisiana; that the maker’s credit was then on the wane ; that at his request, he wrote on the face of the note that it was to be credited to the maker; thinks that after the refusal of the discounting of the note, the maker called on him for assistance in raising money thereon ; that this could not be effected except at a ruinous discount; that he believes he offered it to Satterfield or Martin, at the plaintiff’s request; and that he, witness, erased the words “ credit the drawer,” which he had written on the face of the note. The Cashier of the Branch of the Louisiana Bank in Alexandria testified, that the board is in the habit of allowing notes discounted by them to be renewed on the payment of the interest, and sometimes a very small part of the capital, but that they-do not consider themselves under any obligations so to do; that this, however, relates only to accommodation paper. The case was submitted to a jury, as far as it relates to Texada. There was a verdict against him for one thousand dollars. The case was tried by the court as to Bryce, and judgment was given against him for the same sum. Texada made an unsuccessful effort to obtain a new trial. Judgment was given against him on the verdict, and he has appealed.
It is contended, on the part of the appellant, Texada, that he endorsed Compton’s note as an accommodation endorser, for the sole purpose of enabling it to bediscounted in bank ; and that this
The appellant, Bryce, has given to his endorsement the character of one intended by the parties for the use of the maker, by discount in bank. He has, however, at the request of the plaintiff, by the erasure of the words “ credit the drawer,” manifested
Reserving, therefore, the examination of the question, whether the endorsement of an accommodation note, for the purpose of its being discounted in bank, confines the holder to that use, and renders any other unlawful, for the first case, in which the solution of that question may constitute a part of our legitimate duty, we will dismiss it for the present.
Judgment affirmed,
The note sued on was in these words :—
“ November 1st, 1836.
“ $1650.
“ Twelve months after date, I promise to pay to order of John A. Texada, sixteen hundred and fifty dollars, value received, negotiable and payable at the office of discount and deposit of the Bank of Louisiana, at this place.
“ Alex. Compton.”
It was endorsed “ Jno. A. Texada,
J. G. Bryce.
B. C. Martin."
The words “ credit the drawer, J. G. B." on the back of the note, were crossed out by a pen.