JACKSON v. LAMBERT

No. CA 84-1238.

492 So.2d 498 (1986)

Joseph Scott JACKSON, Jr. v. Paul A. LAMBERT, Sr., et ux.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 29, 1986.

Writ Denied November 14, 1986.


Attorney(s) appearing for the Case

James E. Toups, Jr., Breazeale, Sachse & Wilson, Baton Rouge, for plaintiff/appellee.

Robert O. Butler, Jr., Kilbourne & Dart, P.O. Drawer, St. Francisville, for defendant/appellant.

Before LOTTINGER, COLE and CRAIN, JJ.


COLE, Judge.

The broad issue presented in this matter is whether a surety who voluntarily paid a debt, without notice to the principal debtor, is entitled to restitution from the debtor for the full amount paid. Resolution of this issue is dependent upon a determination of whether the debtor had any defenses to the payment of the debt, which he could have successfully asserted if given notice. La. Civ.Code art. 3056.

The facts are set forth in the trial court...

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