Prestenbach v. Mansur

Louisiana Court of Appeal

Prestenbach v. Mansur

125 So. 310, 14 La. App. 429, 1929 La. App. LEXIS 368

CourtLouisiana Court of Appeal

DecidedDecember 30, 1929

DocketNo. 524

StatusPublished

Cited by4 cases

This text of 125 So. 310 (Prestenbach v. Mansur) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Prestenbach v. Mansur, 125 So. 310, 14 La. App. 429, 1929 La. App. LEXIS 368 (La. Ct. App. 1929).

Pincite

Opinions

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.

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