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BENEFICIAL FINANCE CO. v. BIENEMY

No. 4146.

244 So.2d 275 (1971)

BENEFICIAL FINANCE CO. OF NEW ORLEANS v. Shalen S. BIENEMY and Geraldine Bienemy.

Court of Appeal of Louisiana, Fourth Circuit.

Dissenting Opinion February 16, 1971.

Attorney(s) appearing for the Case

Plauche F. Villere, Jr., New Orleans, for Beneficial Finance Co. of New Orleans, plaintiff-appellee.

Joseph Meyer, Jr., New Orleans, for Shalin S. Bienemy and Geraldine Bienemy, defendants and third party plaintiffs-appellees.

Grisbaum & Kleppner, Ferdinand J. Kleppner, Metairie, for D. Daniel Bragg, third party defendant-appellant, and Jeff Collette, third party defendant-appellee.

Before REDMANN, STOULIG and BOUTALL, JJ.

STOULIG, Judge.

The Beneficial Finance Co. of New Orleans filed suit against Shalin S. Bienemy and his wife, Geraldine, to enforce the collection of the balance due of $294.45 on a promissory note, in the principal sum of $300, executed by the defendants and dated October 2, 1968. The note was made pursuant to the Small Loan Act and was secured by a chattel mortgage on a 1961 Chrysler sedan.

In their responsive pleadings...

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