ST. LANDRY LOAN COMPANY v. AVIE

No. 708.

147 So.2d 725 (1962)

ST. LANDRY LOAN COMPANY, Inc., Plaintiff and Appellant, v. Jeffery AVIE and Arthur Skinner, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion December 27, 1962.


Attorney(s) appearing for the Case

Garland & DeJean, by H. B. DeJean, Jr., and Stephen J. Ledet, Jr., Opelousas, for plaintiff-appellant.

Fusilier, Pucheau & Soileau, by J. William Pucheau and A. Gaynor Soileau, Ville Platte, for defendant-appellee.

Before FRUGÉ, CULPEPPER and HOOD, JJ.


HOOD, Judge.

This is a suit on a promissory note against Jeffery Avie as maker and Arthur Skinner as endorser. Avie could not be located for service of process and is not before the court. After trial on the merits, the district judge sustained Skinner's defense that he is illiterate and that, although he authorized his X mark to be placed on the note, in doing so he did not intend to obligate himself as an endorser. Judgment accordingly was rendered rejecting plaintiff...

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