REED v. BANK OF NEW ORLEANS & TRUST CO.

No. 11781.

397 So.2d 858 (1981)

Bryan J. REED v. The BANK OF NEW ORLEANS & TRUST COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

April 7, 1981.


Attorney(s) appearing for the Case

Reed & Reed, Floyd J. Reed, J. D., New Orleans, for plaintiff-appellant.

Sessions, Fishman, Rosenson, Boisfontaine & Nathan, J. David Forsyth, New Orleans, for defendant-appellee.

Before GARRISON, CHEHARDY and BARRY, JJ.


BARRY, Judge.

Plaintiff sued the defendant bank seeking return of alleged usurious interest paid on a promissory note which he personally endorsed on behalf of a corporation he served as president. Defendant filed several exceptions including no cause of action and lis pendens. The District Court dismissed plaintiff's lawsuit on the exception of no cause of action from which plaintiff now appeals.

The claim of usury is defeated when the facts conflict with...

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