PAYTON v. COLAR

No. CA-7200.

518 So.2d 1104 (1987)

Andrew PAYTON v. Wendell COLAR, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 14, 1988.


Attorney(s) appearing for the Case

William W. Rosen, Levy, Marx, Lucas & Rosen, New Orleans, for appellant.

Roch P. Poelman, Hebert, Mouledoux & Bland, New Orleans, for appellees.

Before GULOTTA, C.J., and GARRISON and WARD, JJ.


GULOTTA, Chief Judge.

Plaintiff appeals from a judgment dismissing his rule to calculate and compel the payment of the remaining balance due on a partially paid personal injury judgment. The issue to be decided is whether funds deposited as partial payment by a judgment debtor are to be first applied to principal or interest. Because LSA-C.C. Art. 1866 provides that, in the absence of the obligee's consent, the obligor of an interest bearing debt may not impute payment...

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