New Orleans Canal & Banking Co. v. Briggs
New Orleans Canal & Banking Co. v. Briggs
Opinion of the Court
This suit is brought against E. L. Briggs as the second endorser of a note for $1500, drawn by Lewis Borde-lon to the order of, and endorsed by D. T. Orr, and made payable twelve months after its date, at the office of discount and deposit of the New Orleans Canal and Banking Company, at Alexandria. The defendant pleaded the general issue, and had a judgment in his favor, from which the plaintiffs have appealed.
The record shows, that the note sued on, which bears date the 10th of January, 1842, was duly protested on the 13th of January, 1S43, after presentment and demand at the place of payment mentioned in the body of the instrument; and that, on the same day, the notary who made the protest notified E. L. Briggs thereof, by depositing a notice, for him in the post-office at Alexandria, addressed to him at his domicil near Mansura, parish of Avoyelles, Louisiana. It is shown, that there are two post-offices in the parish of Avoyelles, one at Mansura, and one at Bordeau.
There is some variance of opinion among the witnesses, as to-which of these offices is the nearest to the residence of Briggs, but the difference of distance between the two, if there be any, is but slight; and in this case altogether immaterial, as it appears that he received letters and papers from both. It is even shown, that he received most of his letters from the Man-sura office in 1843; and his brother testifies, that there is more travel by the way of the Mansura office, and that he would, if
It is, therefore, ordered and decreed, that the judgment of the District Court be reversed, and that the plaintiffs recover of the defendant E. L. Briggs, the sum of fifteen hundred dollars, with interest at the rate of eight per cent, per annum, from the 13th of January, 1843, until paid, with five dollars cost of protest, and the costs of suit in both courts.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.