Groves v. Clark
Also decided on this docket: La. Ct. App. 1st Cir., April 2, 1962 140 So. 2d 162; La. Ct. App. 1st Cir., November 17, 1960 124 So. 2d 349; La., October 15, 1884 36 La. Ann. 883; La. Ct. App. 1st Cir., July 1, 1884 2 McGl. 341; La., July 15, 1870 22 La. Ann. 465
Groves v. Clark, 21 La. Ann. 567 (1869).
Opinion text
Wyly, J. I think the obligation between the indorsee and the maker of the note sued on, cannot be enforced without enforcing the original contract. If the maker is forced by the court to discharge his obligation to the indorsee he is necessarily forced to discharge the contract he has made with the payee, which was for slaves. This we cannot do without violating article 128 of the Constitution; For these reasons and those given by Mr. Justice Taliaferro, I concur in the decree of the court.