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MULLER v. GIACONA

No. 10918.

404 So.2d 533 (1981)

Henry L. MULLER v. Peter GIACONA and Angelo Marsalone and Cinnamon Tree, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

September 15, 1981.

Attorney(s) appearing for the Case

Leo S. Roos and Sidney M. Bach, New Orleans, for Angelo D. Marsalone, third party plaintiff-appellant.

Martzell, Montero & Lamothe, John R. Martzell and Janine Syll Dingleman, New Orleans, for Brian Investments, Ltd. and James G. Anthony, third party defendants-appellees.

Sam J. Recile, in pro. per.

Before SAMUEL, GARRISON and CHEHARDY, JJ.

SAMUEL, Judge.

This matter originated as a suit on two promissory notes by plaintiff, Henry L. Muller, against the maker of the notes, Cinnamon Tree, Inc., and two endorsers, Angelo D. Marsalone and Peter Giacona. One note was executed on January 16, 1976 in the amount of $70,000 and was endorsed by Marsalone and Giacona. The other note, in the amount of $30,000, was executed on March 23, 1976 and was endorsed by Marsalone only.

Marsalone answered, asserting...

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