Nalle & Cammack vs. Horace L. Dufour

On rehearing.

Marr, J.

The endorsed note is simply the evidence of a contract of suretyship, an accessorial contract by which, to the extent of $2,000, Dufour undertook to secure to Nalle & Cammack the $3,000 which was the fixed limit of the amount to be advanced Generes. It was not in the power of Nalle & Cammack, nor in the power of Generes to make it a contract to secure any part of any larger sum which they might choose to voluntarily advance to Generes. Judgment affirmed.

Spencer, J., adheres to his dissent, and White, J., who was appointed in the interim between the two hearings, concurred with Spencer, J.

De Blanc, J.

The additional advances made were contrary to and inconsistent with the contract, by which alone Dufour was bound.

Spencer, J.,

dissenting. It matters not what was the agreement between Generes and Dufour, unless it was communicated to Nalle & Cammack, and accepted by them. The evidence does not shew that they were ever apprised of it. Dufour saw proper to entrust his note to Generes for a particular purpose, as he swears. If Generes abused his confidence and made other use of it, he has no one but himself to blame. If a loss is to be borne, it should fall on Dufour.