BAILEY v. HAYMON

No. 234.

129 So.2d 203 (1961)

B. E. BAILEY et al., Plaintiff and Appellee, v. Willie L. HAYMON, Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

On Application for Rehearing May 9, 1961.


Attorney(s) appearing for the Case

Jess L. Funderburk, Jr., Leesville, for defendant-appellant.

Mitchell M. Evans, DeRidder, for plaintiff-appellee.

Before CULPEPPER, FRUGE and TATE, JJ.


CULPEPPER, Judge.

This is a suit on a promissory note in the sum of $455, dated March 13, 1958, and payable on June 15, 1958, to the order of Bailey Motor Company, a partnership composed of the plaintiffs, B. E. Bailey and L. B. Bailey. The defendant, maker of the note, answered admitting that plaintiffs are the holders and owners of the note, but urged, as a special defense, payment and in the alternative failure of consideration.

The facts are that on March...

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