FIRST GUAR. BK. v. BATON ROUGE PETROLEUM CENTER, INC.

No. 87-C-1122.

529 So.2d 834 (1987)

FIRST GUARANTY BANK, HAMMOND, LOUISIANA v. BATON ROUGE PETROLEUM CENTER, INC.

Supreme Court of Louisiana.

On Rehearing May 23, 1988.

On Limited Rehearing September 8, 1988.


Attorney(s) appearing for the Case

Alton B. Lewis, Jr., Hammond, for plaintiff-applicant.

Mary C. Cali, E. Wade Shows, William Morvant, Shows, Clegg & Cohn, Baton Rouge, for defendant-respondent.


COLE, Justice.

This is a suit for deficiency judgment. The question presented is whether a creditor is precluded from obtaining a deficiency judgment when the creditor forecloses by executory process against a corporate debtor without submitting authentic evidence of a resolution authorizing execution of the mortgage.

The trial court held the corporate resolution is a required link in the chain of evidence which must be presented in a petition seeking executory...

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