Reports of Cases in the Superior Court of the Territory of Orleans, and in the Supreme Court of Louisiana Volume 3; Containing the Decisions of Those

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1839 Excerpt: ... Fluker v. Turner. IV, N. S. 551. An obligation to A, which B the obligor promises to settle with C, is not discharged by showing, in a suit by A against B, that C is indebted to the latter. THIRD District. Mathews, J., delivered the opinion of the court. This suit is brought on a promissory note made by the defendant to the plaintiff, which appears to contain double, or alternative stipulations. As the peculiarity of its expressions creates the whole difficulty in deciding the cause, it may not be improper to state them at length. They are as follows: Jackson, 17th October, 1821. I promise to pay David Fluker five hundred dollars, value received, on settlement of accounts; which I will settle with the representatives of Joseph Fletcher, deceased, at any time. (Signed) J. Turner. The present suit was commenced on the 22d of April, 1825, and final judgment rendered in January, 1826, on a verdict in favor of the defendant, from which the plaintiff appealed. The answer to the action contains two grounds of defence: 1. To the plaintiff's right to sue; which is denied by the defendant, alleging that the note, taken entire, contains no promise to the former, but is simply an undertaking to pay for him, to Fletcher's representatives, the amount specified, which the defendant states he has always been ready to do if required. 2. That he still is ready to settle with the representatives of Fletcher, who owe him more than the sum promised in said note, which is thereby compensated. The instrument on which this suit is based, acknowledges a debt due from the defendant to the plaintiff, and contains a promise to pay the amount to the latter, by settling it with other persons, to whom he appears, from the evidence of the case, to have been at that time indebted. It co...