FIRST NAT. BANK OF COM., NEW ORLEANS v. AVIATION & MARINE, INC.

No. 6827.

315 So.2d 375 (1975)

FIRST NATIONAL BANK OF COMMERCE, NEW ORLEANS, Louisiana v. AVIATION & MARINE, INC.

Court of Appeal of Louisiana, Fourth Circuit.

July 8, 1975.


Attorney(s) appearing for the Case

James Foley, III, New Orleans (Foley, Judell, Beck, Bewley and Landwehr, New Orleans), for plaintiff-appellee.

Lawrence W. Moon, Jr., Rainer Lorenz, New Orleans (Noble, Moon, Slaughter & Clayton, New Orleans), for defendant-appellant.

Before SAMUEL, REDMANN and STOULIG, JJ.


REDMANN, Judge.

Defendant corporation (through persons whose own title to office is not deraigned) appeals from a judgment on its promissory note. Its theory is that the person who purported to execute the note as its president was not its president.

Of defendant's 1,000 shares, 900 were owned by James Popp (its original president), 50 by Kristeen Kukla (its original secretary-treasurer) and 50 by one Loran Popp. These three were the corporate directors (and...

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