The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-04-06
Supreme Court of Louisiana.

Supreme Court of Louisiana.
Condensed Decisions-NEw ORLEANS, April O. 1919
Where citizen of Louisiana signed instrument paya.
bic and negotiable at the Planters Bank of Mississippi
at Natohez and his succession opened in Louisiana
and also anciary one in Mississippi where, however.
nothing realized held. that the succession is not
released by the prescription of six years, under the
laws of Mississippi by that of five years. under art
s5o5 c. c., and that the terms payable and negotiable
point to the place of payment and perhaps, to the sort
ofcurrency usual at such place.
JAMES R. YOUNG, STATE COMMISSIONER, u.s.
CHARLES CRosGRovE, ADMINISTRATOR OF Glib
SONS SUCCESSION. No. 1885,. Appeal from
the Ninth Judicial District Court, Parish of Con-
cordia. .SLIDELL, j.. Suit on a note drawn
by Harrison, Gibson and Harris, soldo, dated and
made payable in NatcheZ, which fell due Sept 5,
1889, citation was served in Nov. 1896 Defen-
dant relied on three prescriptions: l. The prescrip-
ton of six years by the laws of Mississippi. The
Supreme Court held this plea untenable, as Gibson
was, before the execution of the note, and so con-
tinued until his death, a citizen and resident of
Louisiana his succession was opened here and
all his available property was situate here. ii.
Defendant urged that by the laws of Mississippi all
claims against the succession of deceased person
not presented within eighteen months after publ
cation of notice for that purpose, are declared to be
forever barred, and the estate of the testators
this ground untenable, it not being satisfactorily
proved that proper publication made in Mis-
sissppi according to the statutes and the opening
of the succession in Mississippi being considered
anclllary. Not dollar was realized there, and
the Court said that under these circumstances it
would have been vain thing on the part of the
creditor to take proceedings there, and that his
rights against the principal administration in this
Stale were not affected by his naction in Missis-
sppi. I'LL Defendant relied on art. 1905 C.. c.,
but the Supreme Court did not consider the instru
ment sued on a negotiable one Its terms were
payable and negotiable at the Planters Bank of
the State of Mississippi, at Natchez,' which were
held to point to the place of payment and perhaps
to the sort of currency usual that place. Judge
ment affirmed with costs.
Third persons acquiring. good faith. rights under the
judgments obtained by the of minoH have nothing
to look to beyond the judgments themselves and the
proceedings under them
PIKE e. HART AND GEO. A. PIKE Us. J. Mon
GET AND L. C. MORRIS, SHERIFF. No. 1915. :.
Appeal from the SirM Judicial District Court,
Parish Of East Baton Rouge. .RosT, j.. This
sequel to the case of Monget, tutor, u.s. Walker
lately determined Crescent Condensed Reports,
ante p 81 Plaintiffs in possession of town lots
acquired under regular chain of conveyances
from Walker, who sold them while he was tutor of
certain minors. The important question was thus
presented, whether Monget, who succeeded Walker
as tutor, could enforce the tacit mortgage of the
minors on the property so acquired The Court
said that after anxious and mature consideration
of the laws on the subject, the conclusion is forced
upon that they have exclusive reference to con-
tracts and rights of property no peculiar formalty
is prescribed in relation to actions instituted by
tors for the recovery of money; the tutor admins
tiers by himself alone, and his capacity to appear in
court in such cases is unqualified and absolute. C.
c., art. 344. Third persons acquiring, in good
faith, rights under the judgments which he obtains
having nothing to look to beyond the judgments
themselves and the proceedings under them. !. IF
the minors injured by the false representations
of the tutor, their remedy is against him and the
surety on the bond which he has given for his adj
ministration. We are of opinion that the judgment
should have been in favor of the plaintiffs in in
junction, who enjoined the proceedings of the de-
fendants." The Judgment was therefore reversed,
and judgment entered in favor of the plaintiffs in
Injunction and against the defendants, with costs
in both courts.
Where the Cashier of Branch Bank without a resolution
of the Board of Directors, authority from the mother
bank voted for the discharge of an insovent who
the maker of note discounted and held by the branch
bank held, that such uurpaton of power the part of
the Cashier did not operate discharge of the endorser
UNION BANK OF LOUISIANA as. JESSE R. JONES.
No. 652. Appeal from the Eighth Judicial Dis
trict Court, Parish of st. Tdmmany. .SLlDELL, j..
who is sued as the endorser of note
discounted and held by the Branch of the Union
Bank at Covington contends that he has been re.
discharge of the maker. Tirrell, the maker of the
note, made cess,o bonorum and at the meeting of
his creditors the Cashier of the Branch Bank ap-
peared and voted for discharge of the insolvent.
1t did not appear that any authority to do so had
been given by the mother bank, nor does any reso-
luton appear on the minutes of the board of the
branch bank. After an able examination of the
charter of the bank, the Supreme Court conclude
" The defendant has not shown that he has been in
any way injured by this attempted discharge of
L. III
against Tirrell by the conduct of the Board, the
cannot be thrown upon the princi-
pals of the agents who thus usurped authority.
The power Of the Covington Board was the crea-
ture of a statute, and as such was known to the
defendant, and party can derive no benefit from
whose acts he relies" The judgment below was
reversed and the plaintiff decreed to recover from
$780, with seven per cent. interest from
April 26, 1912, and costs in both Courts.
CHAs. CARPENTER, Curator, Us. FEArHERsToN
AND AMIs. Appeal from the Tenth judicial Dis
trict Court, Parish Of Madison. .RosT, j. The
Supreme Court, being of opinion that the verdict of
the jury in this case was not authorized by the evil
dence, and that the application of Amis, the only
in interest, for new trial, should have
been granted. reversed the Judgment and remanded
the case, the plaintiff and appellee to pay the
of the appeal.
MALACHI BRADFORD Us. B. F. Cook, Tutor.
Appeal from the Sirth Judicial District Court, Par
ish Of East Baton Rouge. .RosT, J. This case
turned upon numerous questions of fact, the prnci
pies of law involved have been often decided by the
Supreme Court. The judgment was affirmed with |
costs.
certificate of the Register and Receiver of the Land Of
fee importing that party. therein named entitled to
section of land, describing the same, which he now
resides, as actual settler is sufficient to enable such
party to recover against p6sessor who shows no
title in himself
MICHAEL SHELTER, Syndic, Us. KINDRED |
WILLIAMS. No. 1886. :. Appeal from the Eighth |
Judicial District Court, Parish of 50. Helena.
EUsTIs, c. J.... Suit to recover six hundred and |
orty acres of land, on the river Amite, in the par
sh Of st Helena, plaintiff alleging that defendant
mas illegally and fraudulently obtained possession
hereof, and retains the same, &c. Judgment was
endered below for plaintiff, and defendant ap-
,ealed. The principal ground of defence was the
want of identity Of the land, which the Supreme
Court held to be sufficiently proved Per curiam
1t has been commended by the counsel for the de-