BARNETT v. SETHI

No. CA-9123.

526 So.2d 329 (1988)

Francis B. BARNETT v. Kaval Kaur Chandhok wife of/and Surjit SETHI, et al.

Court of Appeal of Louisiana, Fourth Circuit.

May 12, 1988.


Attorney(s) appearing for the Case

Alvin A. LeBlanc, Jr., Kenner, for plaintiff.

Jefferson, Bryan, Gray & Jupiter, Trevor G. Bryan, James A. Gray, II, New Orleans, for defendants.

Before GULOTTA, C.J., and KLEES and WILLIAMS, JJ.


GULOTTA, Chief Judge.

In this suit by the holder of a promissory note secured by second mortgage on real property, plaintiff appeals from a summary judgment dismissing his claim for the balance due on the note and recognition of the mortgage. Because the undisputed facts show that defendant-appellees unconditionally assumed the mortgage, we conclude the trial court erred in granting the summary judgment of dismissal.1 Accordingly, we reverse...

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