SOUTHERN DISCOUNT COMPANY v. NEWBROUGH

No. 3972.

236 So.2d 273 (1970)

SOUTHERN DISCOUNT COMPANY, Inc. v. Joseph S. NEWBROUGH, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

June 1, 1970.


Attorney(s) appearing for the Case

Chauvin, Newman & Duggins, Ronald H. Newman, New Orleans, for Southern Discount Co., Inc., plaintiff-appellee, and for Barnett Enterprises, Inc., third-party defendant-appellee.

Carl O. Brown, Jr., New Orleans, for Joseph S. Newbrough, Jr., defendant and third-party plaintiff-appellant.

Before SAMUEL, REDMANN and LE SUEUR, JJ.


LE SUEUR, Judge.

Plaintiff sues for the balance due on a note given in payment for certain articles of furniture purchased by defendant from third party defendant, Barnett Enterprises, Inc. The trial court granted judgment as prayed for by plaintiff and concurrently dismissed the third party demand. The defendant has appealed.

The authenticity of the note is not challenged and the defendant resists payment solely upon the allegation that there was a failure...

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