DELTA ACCEPTANCE CORP. v. GOLDMAN

No. 13382.

388 So.2d 85 (1980)

DELTA ACCEPTANCE CORPORATION v. James GOLDMAN et al.

Court of Appeal of Louisiana, First Circuit.

June 10, 1980.


Attorney(s) appearing for the Case

Martin C. Schroeder, Jr., Baton Rouge, for defendant-appellant, Minnie Goldman, and for intervenor-appellant, Malissa G. Alessi.

Glynn A. Long, Donaldsonville, for plaintiff-appellee, Delta Acceptance Corp.

Before ELLIS, CHIASSON and PONDER, JJ.


PONDER, Judge.

This is a suit on a promissory note. Plaintiff confirmed a default judgment from which defendants appealed.

Defendants contend that the note is usurious and therefore the mortgage should be extinguished because there is no lawful debt; that plaintiff did not bear its burden of proof to obtain a default; and that plaintiff has no right of action to the relief sought.

We reverse and remand.

Defendants' contention that plaintiff...

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