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FIDELITY BANK AND TRUST COMPANY v. PEACE

No. 4143.

243 So.2d 335 (1971)

FIDELITY BANK AND TRUST COMPANY v. Thomas L. PEACE.

Court of Appeal of Louisiana, Fourth Circuit.

January 11, 1971.

Attorney(s) appearing for the Case

M. Hepburn Many, New Orleans, for third party plaintiff-appellee.

Phillip C. Ciaccio, Richard Najolia, New Orleans, for third party defendants-appellants.

Before REDMANN, LEMMON and BARNETTE, JJ.

LEMMON, Judge.

A. D. Smith Construction Company, Inc. and the Succession of Angus D. Smith appealed suspensively from a money judgment against both as third party defendants, based on an alleged agreement by the deceased Angus D. Smith to pay a portion of the debt of Thomas L. Peace.

Fidelity Bank and Trust Company sued Peace for the balance of $1,312.00 due on a promissory note. In his answer Peace admitted all...

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