CUSTOM FINANCING, INC. v. THIBODAUX

No. 4573.

297 So.2d 676 (1974)

CUSTOM FINANCING, INC., Plaintiff and Appellant, v. Cyril L. and Carolyn Fontenot THIBODAUX, Defendants and Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 26, 1974.


Attorney(s) appearing for the Case

Barnes & Barnes by Arthur J. Boudreaux, III, Baton Rouge, for plaintiff and appellant.

Joseph A. Koury, Lafayette, for defendants and appellees.

Before HOOD, CULPEPPER and MILLER, JJ.


CULPEPPER, Judge.

The plaintiff finance company filed this suit as holder of a promissory note in the sum of $1,552.80 executed by defendants as makers. Defendants urge their discharge in bankruptcy as a defense. From an adverse judgment, plaintiff appealed.

The issues are: (1) Did plaintiff make the loan to defendants in reliance upon a materially false statement in writing respecting their financial condition made with intent to deceive, so as to fall within...

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