DUNAWAY v. SPAIN

No. CA 84 0178.

468 So.2d 771 (1985)

C.W. DUNAWAY v. Alfred O. SPAIN.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 20, 1985.


Attorney(s) appearing for the Case

Richard L. McGimsey, Baton Rouge, for plaintiff-appellee, C.W. Dunaway.

Richard B. Nevils, Baton Rouge, for defendant-appellant, Alfred O. Spain.

Before COLE, CARTER and LANIER, JJ.


LANIER, Judge.

This is a suit on a promissory note seeking to recover an unpaid balance of $18,000, interest thereon at 14% per annum and an attorney fee of 25% of the principal and interest due. The defendant-maker of the note answered asserting the affirmative defenses of novation and dation en paiement. La.C.C.P. art. 1005. After a trial, the district court rendered judgment in favor of the plaintiff for $18,000, with interest at 14% from March 23, 1979...

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