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SWAN v. MAYER

No. 3064.

211 So.2d 346 (1968)

Theodore E. SWAN v. Martin A. MAYER et al.

Court of Appeal of Louisiana, Fourth Circuit.

June 10, 1968.

Attorney(s) appearing for the Case

John M. Holahan, New Orleans, for plaintiff-appellee.

Cronvich, Ciaccio, Wambsgans & Perry, Joseph M. Perry, Jr., New Orleans, for defendant-appellant.

Cox, Bagot & Huppenbauer, Michael H. Bagot, New Orleans, for third-party defendant-appellee.

Before YARRUT, SAMUEL and JOHNSON, JJ.

ON MOTION TO DISMISS APPEAL AND ON MERITS

SAMUEL, Judge.

This is a suit on a negotiable promissory note executed by the two defendants as makers. The petition prays for judgment against the defendants, in solido, in the full amount of the alleged balance due, together with a reasonable attorney's fee and costs.

On the day the suit was filed one of the defendants, Louis Gureasko, paid one-half of the alleged balance; subsequently Gureasko filed an...

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