Actions for Louisiana, Supreme Court, New Orleans : Hermann, Briggs & Co v Hootsell et al, May 1841

Email RIS file
Bookmark
Report an Issue

Louisiana, Supreme Court, New Orleans : Hermann, Briggs & Co v Hootsell et al, May 1841

Published
Louisiana : Supreme Court, 1841.
Physical Description
1 online resource
Additional Creators
Adam Matthew Digital (Firm)
Access Online

Availability

I Want It
I Want It

Finding items...

Series
Summary
Action on a promissory note payable eight months after date, to the order of Samuel Cotton, for [dollars] 1944 89. The defence argued that the note was given in error. Cotton sold to A M Glasscock, the intervener, a slave and child for [dollars] 1300, which was paid in cash by her, or by her agent. Later, a settlement took place and Cotton showed a balance of [dollars] 1944 89. Glasscock settled the account by giving Cotton the note. In error, or by design, Cotton again charged for [dollars] 1300. Defendant argued that he signed the note as security, knowing nothing of Cotton's error or design. Glasscock supported the defendant and the Parish Court made a judgment in favour of the plaintiffs for 644 89 only, from which the plaintiffs appealed. On examining the evidence, the court noted that the intervener had never been put in possession of a receipt, until she gave her note to Cotton for the due balance. The court noted that it was obvious that she had not paid the amount of the purchase money and it was only after getting her note, that Cotton gave her a written title to the slaves. The court ruled that the defendant owed the total amount of the note and that the intervener had failed to prove the error. It was ordered that the plaintiff recover the sum of [dollars] 1944, 89 with eight per cent interest per annum, with costs in both courts to be paid by the defendant and the intervener.
Subject(s)
Other Subject(s)
Reproduction Note
Electronic reproduction. Marlborough, Wiltshire : Adam Matthew Digital, 2007. Digitized from a copy held by the Louisiana and Special Collections Department, Earl K. Long Library, University of New Orleans.
Location of Originals
Louisiana and Special Collections Department, Earl K. Long Library, University of New Orleans
Copyright Note
Material sourced from the Louisiana and Special Collections of the Earl K. Long Library, University of New Orleans
View MARC record | catkey: 41986084