Taylor v. Drane

Decided January 15, 1839

Supreme Court of Louisiana · decided 1839-01-15

This suit commenced by attachment. The plaintiff alleges he endorsed a note as surety for the defendant, who is the maker thereof for two thousand four hundred dollars, dated in March, 1828, and payable one year thereafter, at the office of the Clinton and Port Hudson Hail Road Company, at Jackson, in this state.

Good law ✅— No negative treatment on recordhow we know

Decided 1839-01-15

How this case has been cited

Cited by 3 later decisions — most recently January 1908

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bullard, J.,

¶1delivered the opinion of the court.

¶2The plaintiff is appellant from a judgment dissolving his attachment. He sues for an indemnity, alleging that he is the endorser of the defendant on his promissory note, negotiated to the bank in Clinton, but not yet due; and that the . maker is about permanently to remove from the state, and to take away his property.

¶3We concur with our learned brother of the District Court, that this is not a proper case for attachment. The affidavit is insufficient, in our opinion. It does not show an existing *65debt due to him by the defendant, nor an absolute liability yet incurred as surety.

¶4It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be affirmed with costs.