McCue v. Barnett

Citations

• 12 Teiss. 59
• 1914 La. App. LEXIS 120

Syllabus

<p>Syllabus.</p> <p>The denial of signature to mortgage notes by parties who appear to have signed them is rebutted by the testimony of credible witnesses who testify that the maker admitted to them that they had signed the notes or that the notes were signed in their presence, and by other corroborative evidence.</p> <p>Where the maker of a mortgage note alleges that several parties claim to be holders of like notes identified with the same act of mortgage and files suit against all the holders of the notes, and deposits in Court the amount of the note signed by him in capital and interest, to abide by the result of the suit in favor of the holder of the only real note such maker will not thereby relieve himself from payment of further interest and costs; the deposit is not a tender to any one in particular, nor does it authorize any one to withdraw the sum deposited until the termination of the suit.</p> <p>Under the terms of an act of mortgage providing for payment of attorney’s fees they become due not only when suit is instituted upon the notes but also when the holder of them must employ an attorney to secure their payment.</p>