State v. Jahraus

Citations

• 117 La. 286
• 41 So. 575
• 1906 La. LEXIS 690

Syllabus

<p>1. Bills and Notes — Checks — Notice to Payee — State Funds.</p> <p>The check assigned to defendant was to be paid from state funds.</p> <p>2. Same.</p> <p>The initials of the drawer, “T. C.,” identified the funds sufficiently to place defendant on his guard.</p> <p>3. Estoppel — Acts oe Deeaultins Oeeicers.</p> <p>The state is not estopped by the act of the defaulting officer, even in case of a belated settlement.</p> <p>4. Evidence — Presumptions.</p> <p>When a defendant can by his “own testimony throw light upon matters at issue necessary to his defense and' peculiarly within his knowledge, if the facts exist, and fails to go upon the witness stand, the presumption is raised, and will bo given effect to, that’the facts do not exist.” Bastrop State Bank v. Levy, 31 South. 164, 106 La. 591.</p> <p>[Ed. Note. — For cases in point, see vol. 20, Cent. Dig. Evidence, §§ 95, 96.]</p> <p>(Syllabus by the Court.)</p>