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WHITNEY NAT. BANK v. BEN DEVELOPMENT CO., INC.

No. 9546.

364 So.2d 1076 (1978)

WHITNEY NATIONAL BANK OF NEW ORLEANS v. BEN DEVELOPMENT CO., INC.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 15, 1978.

Attorney(s) appearing for the Case

Favret, Favret & Demarest, Clarence F. Favret, Jr., New Orleans, for defendant-appellant.

Edmond H. Fitzmaurice, Jr., New Orleans, for plaintiff-appellee.

Before SAMUEL, GULOTTA and BEER, JJ.

BEER, Judge.

Plaintiff-appellee, Whitney National Bank of New Orleans (hereafter "Whitney"), was the holder of a promissory note in the principal amount of $405,000 (secured by a collateral mortgage), executed by BEN Development Corporation (hereafter "BEN"). The note had been signed on behalf of BEN by Richard J. Burke, president, and Thomas P. Eustis, vice-president. Thomas Eustis, Geoffrey Eustis and Richard Burke individually...

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