7 La. 13
Decided March 15, 1844
Supreme Court of Louisiana · decided 1844-03-15
This was an action against the heir of the endorser of a promissory note. It was proved, that the heir had been put in possession of the estate of her ancestor before the maturity of the note; but the notice of protest was directed only to the legal representalive of the deceased. The plaintiff was nonsuited, and appealed. The notice is bad. It should have been directed to the heir.
Decided 1844-03-15
¶1The plaintiff is appellant from a judgment of non-suit in favor of the defendant, sued as heir of the endorser of a promissory note. The irregularity of the notice was pleaded, and the plea sustained, we think correctly, by the First Judge. The notice was enclosed in a letter, not directed to the defendant by her name, but to the legal representative of her ancestor, the endorser.
¶2Judgment affirmed.