Supreme Court of Louisiana, 1840

Shepherd v. Jonte

Shepherd v. Jonte
Supreme Court of Louisiana · Decided January 15, 1840
14 La. 246

Shepherd v. Jonte

Opinion of the Court

Bullard, J.,

delivered the opinion of the court.

This case is perfectly clear against the drawer of the promissory note ; but we think the plaintiff has failed to prove the liability of the endorser. The notary certifies that notices of protest were served on the endorsers, &c., by letters to them delivered, personally ; one to William Jones, by Mr. F. T. Laizer, and one to Shepherd, by Mr. Edward Buisson,” &c. If the notary had certified the manner in which he had served the notices, it would have been good evidence under the statute; but he cannot certify what was done by others out of his presence.

The judgment is, therefore, affirmed, as to the defendant, Jonte, with costs, and (en per cent, damages; and reversed as to William Jones, and judgment is rendered in his favor, as in case of a non-suit, with costs, in both courts.

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