WEINBERG, INC. v. AETNA CASUALTY & SURETY COMPANY

No. 4122.

274 So.2d 753 (1973)

WEINBERG, INC., Plaintiff and Appellant, v. The AETNA CASUALTY & SURETY COMPANY et al., Defendants and Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 2, 1973.


Attorney(s) appearing for the Case

Davidson, Meaux, Onebane & Donohoe by John G. Torian, II, Lafayette, for plaintiff-appellant.

Voorhies, Labbe, Fontenot, Leonard & McGlasson, by John W. Hutchison and Mark Bienvenu, Lafayette, for defendant-appellee.

Before FRUGE, MILLER, and DOMENGEAUX, JJ.


DOMENGEAUX, Judge.

Appellant Weinberg, Inc., instituted suit on October 21, 1971, against defendant-appellee insurer to recover the price of goods lost by theft on March 21, 1970. The insurer had issued a policy in favor of the plaintiff which provided coverage for theft losses. Defendant filed an exception of one year prescription under LSA-R.S. 22:691. It also filed a motion for summary judgment. At the trial of the exception the only evidence adduced was the introduction...

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