FORD MOTOR CREDIT COMPANY v. SOILEAU

No. 5190.

323 So.2d 221 (1975)

FORD MOTOR CREDIT COMPANY, Plaintiff and Appellant, v. Jenston SOILEAU, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

November 20, 1975.


Attorney(s) appearing for the Case

Fontenot & Mitchell, by Guy O. Mitchell, III, Ville Platte, for plaintiff-appellant.

Preston N. Aucoin, Ville Platte, for defendant-appellee.

Before CULPEPPER, DOMENGEAUX and PAVY, JJ.


CULPEPPER, Judge.

The holder sues a co-maker for the balance due on a promissory note. Defendant had signed as accommodation endorser the note which represented the balance due on a chattel mortgage on an automobile purchased by his son. The defendant filed an exception of no cause of action on the grounds that he cannot be sued for the deficiency due on the note, since he was not made a party in the prior executory proceedings against his son, the other co-maker...

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