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GIBBS v. SUCCESSION OF SCOTT

No. 3910.

265 So.2d 249 (1972)

John W. GIBBS, Plaintiff-Appellant, v. The SUCCESSION of Mercer SCOTT et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied August 1, 1972.

Attorney(s) appearing for the Case

Makar & Whitaker by John B. Whitaker, John G. Gibbs, Natchitoches, for plaintiff-appellant.

Gahagan & Kelly by Russell E. Gahagan, Natchitoches, for defendant-appellee.

Before FRUGÉ, HOOD, and DOMENGEAUX, JJ.

FRUGÉ, Judge.

This is a suit by a holder of a promissory note. The defendants are Robert Nix, a maker; and the widow, individually, and as administratrix of the Succession of Mercer Scott, the other maker. Robert Nix was discharged from the suit by a release. The suit was defended on a defense of lack of consideration for the note. From an adverse judgment plaintiff has appealed. Plaintiff has filed two motions for remand. We grant a remand on one of these motions...

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