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DAUBE v. BRUNO

No. 85-CA-290.

479 So.2d 4 (1985)

Alfred B. DAUBE v. Liane BRUNO, Whitney National Bank of New Orleans, and Commercial Bank and Trust Co.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Granted January 24, 1986.

Attorney(s) appearing for the Case

Herschel L. Haag, III, Elizabeth R. Haak, Elizabeth D. Wall, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, for Whitney Nat. Bank of New Orleans, defendant-appellee.

Philip A. Gattuso, Gretna, for Alfred B. Daube plaintiff-appellant.

J. Rainer Twiford, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for Commercial Bank & Tr. Co. defendant-appellee.

Before BOUTALL, CURRAULT and DUFRESNE, JJ.

BOUTALL, Judge.

This suit arises from a loss resulting from misappropriation of checks belonging to the plaintiff. From a judgment dismissing his suit on an exception of prescription, the plaintiff has taken this appeal. We reverse.

The plaintiff, Alfred B. Daube, arranged for his paychecks, drawn on the Whitney National Bank, to be mailed to a friend, Liane Bruno, who agreed to hold them for him while he was working offshore from Mexico. Bruno forged his...

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