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AMERICAN BANK & TRUST CO. v. TRINITY UNIVERSAL INS. CO.

No. 48613.

205 So.2d 35 (1967)

251 La. 445

AMERICAN BANK AND TRUST COMPANY v. TRINITY UNIVERSAL INSURANCE COMPANY et al.

Supreme Court of Louisiana.

December 11, 1967.

Attorney(s) appearing for the Case

Sanders, Miller, Downing & Kean, Ben R. Miller, Jr., Baton Rouge, J. Y. Fontenot, Opelousas, for plaintiff-relator.

A. G. Seale and Donald T. W. Phelps, of Seale, Smith, Baine & Phelps, Baton Rouge, Max Nathan, Jr., of Sessions, Fishman, Rosenson, Snellings & Boisfontaine, New Orleans, for defendants and appellees and respondents.

SANDERS, Justice.

American Bank and Trust Company brought suit against Trinity Universal Insurance Company, surety on the bond of Cortez Construction Company, Inc., and its agents, Meyers, Whitty and Hodge, Inc., and John W. Whitty, Jr., to recover $13,000.00, the balance due on three promissory notes of Cortez Construction Company, with interest, attorney fees, and penalties.

The petition alleged that Trinity through its agent, John W. Whitty, Jr., of Meyers...

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