McLAIN v. CUCCIA

No. 4848.

259 So.2d 337 (1972)

Rodney James McLAIN v. Robert E. CUCCIA d/b/a Trade Ville Auto Sales, et al.

Court of Appeal of Louisiana, Fourth Circuit.

March 7, 1972.


Attorney(s) appearing for the Case

Richard J. McGinity, Jr., New Orleans, for plaintiff-appellant.

Daniel A. McGovern, IV, New Orleans, for defendant-appellee.

Sidney I. Goldman, New Orleans, for defendant and plaintiff in reconvention and appellee.

Before REGAN, REDMANN and BOUTALL, JJ.


REDMANN, Judge.

Plaintiff sued to rescind his purchase of a used car and to cancel a note and chattel mortgage (of household furnishings) given to a lender (to whom he was referred by the car seller) for a loan used to buy the car. The lender reconvened for judgment on the note and for recognition of the mortgage, making an accommodation comaker also a party defendant-in-reconvention.

On appeal by plaintiff and the co-maker, we amend and affirm the judgment...

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