GLASS v. ALPHONSE MORTGAGE COMPANY

No. 1158.

157 So.2d 620 (1963)

Clifford G. GLASS v. ALPHONSE MORTGAGE COMPANY, a partnership composed of, and A. Lester Sarpy, Mrs. Thelma H. Sarpy, Mrs. Sarah D. Hirschwitz.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 2, 1963.

Writ Refused January 20, 1964.


Attorney(s) appearing for the Case

Thomas J. Taylor, New Orleans, for plaintiff-appellee.

Irwin, Seelig & Nelkin, Joseph W. Nelkin, New Orleans, for defendants-appellants.

Before McBRIDE, YARRUT and TURNER, JJ.


YARRUT, Judge.

Plaintiff seeks recovery of $1911.20, balance of a refund alleged to be due him for the premature payment in ten months of a second mortgage note, by its terms payable in 36 monthly installments. From a judgment in his favor for $1727.30 Defendant has taken this appeal.

The undisputed facts are: On January 27, 1961, Plaintiff borrowed $4500.00, secured by second mortgage on his home, the first mortgage of $20,000.00 being held by an insurance...

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