SECURITY BANK v. FROST

No. 19620-CA.

524 So.2d 937 (1988)

SECURITY BANK, Plaintiff-Appellee, v. Benton FROST and Oliece Arrant Frost, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied May 26, 1988.


Attorney(s) appearing for the Case

Smith & Hingle by J. Randolph Smith, Monroe, for defendants-appellants.

McGlinchey, Stafford, Mintz, Cellini & Lang by B. Franklin Martin, III and Rudy J. Cerone, New Orleans, Donald J. Anzelmo, Monroe, for plaintiff-appellee.

Before MARVIN, SEXTON, and JASPER E. JONES, JJ.


MARVIN, Judge.

The defendant debtors appeal a summary judgment in favor of plaintiff bank in this action on a secured promissory note due on demand that recognizes and maintains collateral mortgages securing the note.

Defendants contend that, contrary to their verbal understanding, the bank misapplied funds on deposit which could have been withdrawn to pay the debt; that the interest, which was payable quarterly, was not paid because of the bank's fault; and...

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