Prestenbach v. Mansur
Also decided on this docket: La. Ct. App. 1st Cir., March 8, 1962 138 So. 2d 453
Prestenbach v. Mansur, 125 So. 310 (La. Ct. App. 1st Cir. 1929).
Cited by
- Rice v. Passman 196 So. 371 La. Ct. App. 1st Cir. 1940
- Bank of Baton Rouge v. Hendrix 193 So. 713 La. 1940
Authorities cited
Identified automatically; this list may not be exhaustive.
- Redden v. Lambert 112 La. 740
Opinion text
LECHE, J. This suit is by one indorser against another indorser, and, from a judgment in favor of plaintiff, defendant has appealed. The fact is patent from the evidence in the record that in point of time Prestenbach is the prior indorser, though his name appears beneath or below that of Mansur. The order of indorsements may be shown by parol evidence. Redden v. Lambert, 112 La. 740 , 36 So. 668 ; section 68 of Act No. 64 of 1904, p. 158, also section 61 of the same act. An indorser may only'be .held liable to a subsequent indorser. A subsequent indorser is not liable to a previous one. Prestenbach was the previous indorser, and therefore Mansur, the subsequent indorser, is not liable to him. For these reasons, the judgment herein is avoided and reversed, and plaintiff’s demand is refused, at his cost.