MERCHANTS TRUST & SAV. BANK v. FRANZONE

No. 11062.

388 So.2d 851 (1980)

MERCHANTS TRUST AND SAVINGS BANK v. Vincent FRANZONE.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 16, 1980.


Attorney(s) appearing for the Case

Bruce M. Danner, Philip S. Brooks, New Orleans, for plaintiff.

Samuel W. Ethridge, Kenner, for defendant.

Before SAMUEL, REDMANN and SARTAIN, JJ.


REDMANN, Judge.

Plaintiff bank appeals from a judgment which dismissed its suit to avoid two leases between itself and defendant, its one-time vice-president and president (and a director and one of its controlling shareholders). The issue is whether defendant's fiduciary obligation to the bank prevented his contracting as he did. Because the contracts seem insupportably unfair on their face and defendant did not bear his burden of proving their fairness, we reverse...

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