Supreme Court of Louisiana, 1896

Chambers Roy & Co. v. Knapp

Chambers Roy & Co. v. Knapp
Supreme Court of Louisiana · Decided February 24, 1896 · Breaux
48 La. Ann. 1156; 20 So. 677; 1896 La. LEXIS 585
Chambers Roy & Co. v. Knapp

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

The opinion of the court was delivered by

Breaux, J.

The facts are similar to those in the case of A. Lehman & Co. vs. S. A. Knapp et als., ante, p. 1148, save that the plaintiffs held notes representing defendants’ indebtedness to them. The acceptance of a note is not deemed a payment or novation unless the parties so agree.

It follows that if a corporation becomes indebted at. a time when those who organized it are in default in not properly indicating, as-the State requires, that it is a company limited, they are liable personally and are not discharged by the fact that their creditors accepted their note.

The judgment is therefore affirmed.

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