ALAYNICK v. JEFFERSON BANK & TRUST CO.

No. 83-CA-791.

451 So.2d 627 (1984)

Michael H. ALAYNICK, M.D. and Robert L. Mimeles, M.D. v. JEFFERSON BANK & TRUST COMPANY.

Court of Appeal of Louisiana, Fifth Circuit.

May 14, 1984.


Attorney(s) appearing for the Case

Douglas A. Kewley, Bruce A. North, Metairie, for defendant-appellant.

Lee R. Miller, Jr., Floyd Hennen, New Orleans, for plaintiffs-appellees.

Before BOUTALL, CHEHARDY and DUFRESNE, JJ.


DUFRESNE, Judge.

This is an appeal by Jefferson Bank and Trust Co., defendant-appellant, from an adverse judgment in the amount of $20,000, for converting to its own use a collateral mortgage note pledged by Bruce Coffman to Drs. Michael Alaynick and Robert Mimeles, plaintiffs-appellees, to secure a debt owed to them. Because we find that the bank breached its fiduciary duty owed to plaintiffs as their mandatary in using the note as its own security, we affirm.

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