Manice v. Long

Decided October 15, 1840

Supreme Court of Louisiana · decided 1840-10-15

This is an action against O’Neal as maker, and De Russy, William Long and John Tucker, as endorsers of a promissory note. O’Neal and De Russy, confessed judgment in solido ; and there was judgment by default, made final against Long and Tucker. Long appealed. The protest and notices to the endorsers, are all the evidence adduced by the plaintiff.

Decided 1840-10-15

Martin J.,

¶1delivered the opinion of the court.

¶2The defendant is appellant from a judgment against him, as one of several endorsers of a promissory note. He waived citation and answer, and judgment was taken against him and the other defendants by default, and made final on the production of the note and protest. The notice was “left with the clerk of the appellant, at his counting-room.” There was *264no serious defence, but the present defendant alone appealed, and has shown no error in the judgment.

¶3The appellee has prayed for damages, and we think he is entitled to them.

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