MERCHANTS & FARMERS BANK & TRUST v. SMITH

No. 88-1212.

559 So.2d 845 (1990)

MERCHANTS & FARMERS BANK & TRUST, Plaintiff-Appellee, v. Guy Roger SMITH, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied April 27, 1990.


Attorney(s) appearing for the Case

Edwin Cabra, Leesville, for plaintiff-appellee.

Larry W. Rivers, Alexandria, for Rivers. Wm. Yarno, Alexandria, for Smith.

Before FORET, YELVERTON and KING, JJ.


YELVERTON, Judge.

The question presented by this appeal is whether this defendant, who cosigned a promissory note and executed a collateral mortgage on his immovable property as security, and simultaneously endorsed a handnote for the security of which the collateral note was pledged, became liable personally on the underlying obligation, or liable only to the extent of the mortgaged property. The trial judge held that despite the defense that the defendant did not...

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