Stevenson v. Short

Citations

• 52 La. Ann. 967

Syllabus

<p>Syllabus.</p> <p>On Motion to Dismiss the Appeal.</p> <p>A devolutive appeal bond containing the condition “to satisfy the judgment which may be rendered” secures the costs and is not invalid. The appeal will not be dismissed on the ground that it is defective because it does not, in terms, refer to costs.</p> <p>On the Mebits.</p> <p>when notes are extinguished by payment in accordance with an understanding with the parties to the payment, a third person is bound by the agreement made to have the payment taken in extinguishment of the claim. The foregoing rule of law governs as relates to notes “A” and “B”.</p> <p>The noto “C”, transferable by mere delivery, was transferred by plaintiff to third opponent who secured the amount and delivered the note without receipting it or stipulating that the amount was received for its extinguishment. He was a transferror of the note and of the mortgage with which it was identified. (Perkins vs. Liquidator, 40th Ann., G53.) The vendor must explain the extent of his obligation. (Heirs of Delogny vs. Mercer, 43rd Ann., 213.) The third opponent is entitled to preference over the proceeds of the sale as relates to note “C”. (Salzman vs. Creditors, 2 R.., 241.)</p>