Witkowski v. Maxwell

Citations

• 69 Miss. 56

Syllabus

<p>1. Husband and Wine. Law of Louisiana. Disability. Consideration.</p> <p>Notwithstanding the disability of a wife to contract with her -husband, under the laws of Louisiana, where husband and wife are sued in this state on a bill of exchange drawn by the wife and payable to and indorsed by the husband in Louisiana, both being then residents of that state, plaintiff may recover on proof that the bill was given for a subsisting debt binding on the wife.</p> <p>2. Same. Consideration. Form of contract, when immaterial.</p> <p>Being bound for the original consideration, the wife is liable in such case, and it is immaterial that the form of the last transaction was that of a promise on her part to pay the sum named in the bill of exchange to her husband, and that such a contract she was disqualified from making by the laws of her domicile.</p> <p>3. Evidence. Admission. Immaterial error.</p> <p>A judgment against the drawer and indorser of a bill of exchange will not be reversed because of the admission of incompetent evidence as to notice of non-payment by the acceptor, if by competent evidence notice is otherwise abundantly shown.</p> <p>4. Bill on Exchange. Dishonor. Sufficiency of notice.</p> <p>No particular form of notice of protest of a bill of exchange is required. Though irregular, it is sufficient if it indicates clearly to the drawer the presentment and dishonor, and puts him upon notice that he is looked to for payment. Chcwningy. Gatewood, 5 Iiow., 552; JIowan v. Odenheimer, 5 S. & M., 44.</p> <p>5. Same. Acceptor not found.' Presentment. Notice.</p> <p>Where it appears that the acceptor was not found, and that the bill was presented in due time at his place of business, the notice is not fatally defective in failing to show upon whom the demand for payment was made; this may be shown by other evidence.</p> <p>6. Same. Notarial certificate. Demand for payment. Evidence.</p> <p>In a suit against the drawer and indorser of a dishonored bill of exchange, the