Morgan v. Coffman

Citations

• 8 La. Ann. 56

Syllabus

<p>In the case of Coffman v. W&Mams, on a sale, Cresvp as principal and Morgan (deceased) as surety, gave a twelve months’ bond for the price of the property. On the 19th of July, 1819, the Sheriff had an execution on the bond, against Cresvp and Morgan, and was about to levy, when, on the same day, Hudson, the attorney at law of Coffman, and the Sheriff, meeting Cresvp, Hudson directed the Sheriff to return the execution, and took Cresup's draft on Fellowes, Johnson <& Co., of New Orleans, payable to Hudson's order, on the 1st of the following November. Hudson endorsed the draft u without recourse,” and forwarded it to Coffman, who kept it “ a long time.” The draft was neither accepted nor paid by F., J. & Co., in whose hands Gresup had no funds. Held: If Coffman did not approve of Hudson's arrangement, he should have ordered a new execution and returned Cresup's draft. 3-Iis long acquiescence discharged the surety.</p>