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DARBONNE v. SONIC DRIVE-IN

No. 8401.

405 So.2d 643 (1981)

Mr. & Mrs. Gerald DARBONNE, Plaintiff and Appellee, v. SONIC DRIVE-IN and First National Bank of Eunice, Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

October 7, 1981.

Attorney(s) appearing for the Case

Lewis & Lewis, Peter F. Caviness, Opelousas and Tate & McManus, Kearney Tate, Eunice, for defendant and appellant.

Onebane & Associates, Douglas C. Longman, Lafayette, for defendant and appellee.

Morrow & Morrow, Patrick C. Morrow, Opelousas, for plaintiff and appellee.

Before CULPEPPER, DOMENGEAUX and DOUCET, JJ.

CULPEPPER, Judge.

This is a suit for damages for malicious prosecution. The plaintiffs, Mr. & Mrs. Gerald Darbonne, allege that the defendant, Sonic Drive-In, sold food to Mrs. Darbonne for which she gave them her personal check in the sum of $3.13 drawn on her account at the defendant bank, First National Bank of Eunice. Sonic deposited the check at its own bank, Acadiana Bank, but failed to endorse the check. When the check reached First National Bank of Eunice...

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