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FIRST NATIONAL BANK OF ABBEVILLE v. LeBLANC

No. 2545.

217 So.2d 724 (1969)

FIRST NATIONAL BANK OF ABBEVILLE, Plaintiff and Appellant, v. Clifford LeBLANC, d/b/a Cliff's Shoe Store, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied February 5, 1969.

Attorney(s) appearing for the Case

Kibbe, Edwards, Cooper & Sonnier, by Roger C. Edwards, Abbeville, for plaintiff-appellant.

Thompson & Sellers, by Roger C. Sellers, Abbeville, for defendant-appellee.

Before SAVOY, CULPEPPER and MILLER, Judges.

CULPEPPER, Judge.

The plaintiff bank filed this suit as the holder and owner of a promissory note of which defendant is the maker. The defense is that the debt has been discharged in bankruptcy proceedings. From an adverse judgment, the plaintiff has appealed.

At the very outset, the plaintiff bank calls to our attention that the record contains no proof of defendant's discharge in bankruptcy. Proof of the discharge is an essential element of the special defense...

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