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VAN HOOSEN v. FIRST NAT. BANK

No. 90-104.

583 So.2d 106 (1991)

Ronald VAN HOOSEN, et ux., Plaintiffs-Appellants, v. FIRST NATIONAL BANK OF ST. MARTIN, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

June 26, 1991.

Attorney(s) appearing for the Case

Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, James M. Wilkerson, Lafayette, for plaintiffs-appellants.

Guidry & Guidry, Daniel G. Guidry, St. Martinville, for First Nat. Bank of St. Martin.

Roy, Forrest & Lopresto, L. Albert Forrest, New Iberia, for State Farm.

Before DOMENGEAUX, FORET and DOUCET, JJ.

DOUCET, Judge.

Ronald and Patsy Van Hoosen, depositors of First National Bank of St. Martin, sued the bank for damages based on an alleged wrongful seizure of their certificates of deposit. The bank seized the certificates to offset the Van Hoosens' delinquent debts owed to the bank. The bank moved for summary judgment on two grounds. First, it claimed that LSA R.S. 6:316(C) operated to pledge the certificates of deposit, and that they thus had the right of offset...

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