Supreme Court of Louisiana, 1913

Continental Bank & Trust Co. v. Baker

Supreme Court of Louisiana · Decided February 17, 1913 · Breaux, Decree, Land, Monroe, Sty

132 La. 544; 61 So. 575; 1913 La. LEXIS 1907

Cases that cite this one

2 later published cases cite this decision.

Achee v. Williams (La. Ct. App. 1927)
Security Bank & Trust Co. v. Foster (Tex. App. 1923)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

LAND, J.

This suit is against the maker and indorsers of a promissory note, and the latter have appealed from a judgment in solido against all the defendants. The indorsers pleaded their discharge for want of due presentment and notice, as required by law. The note corresponds in terms and stipulations with the note sued on in the case of Hibernia Bank & Trust Co. v. J. M. Dresser (No. 19,329) 61 South. 561, 1 of the docket of this court, this day decided in favor of the plaintiff. For the reasons stated in the opinion in that case, the judgment must be affirmed. The exception of want of capacity in *546the plaintiff 'bank to sue and stand in judgment is without merit, and was properly overruled.

Judgment, affirmed.

MONROE, J. I concur in the decree. PRO YO STY, J., dissents.

Ante, p. 532.

Dissenting Opinion

BREAUX, O. J.

“I do not find it possible to concur in reasons in Bank & Trust Co. v. J. M. Dresser. I respectfully dissent.”

Case-law data current through December 31, 2025. Source: CourtListener bulk data.