BANKERS TRUST OF LOUISIANA v. SMITH

No. 91-CA-851.

595 So.2d 705 (1992)

BANKERS TRUST OF LOUISIANA v. Earl H. SMITH, Jr. and Marianne Ross Smith.

Court of Appeal of Louisiana, Fifth Circuit.

February 18, 1992.


Attorney(s) appearing for the Case

James Burnett Aime, New Orleans, for defendants/appellants.

Gerard O. Salassi, IV, Metairie, for plaintiff/appellee.

Before BOWES, WICKER and CANNELLA, JJ.


WICKER, Judge.

Earl H. Smith, Jr. and his wife, Marianne Ross Smith, appeal a summary judgment in favor of the Federal Deposit Insurance Corporation, as receiver for Bankers Trust of Louisiana, a now-defunct bank. We reverse and remand.

Mr. and Mrs. Smith, on behalf of Winfield Jewelers, Inc., executed a collateral chattel mortgage and promissory note to secure the debt of the corporation to Bankers. They also personally executed a collateral mortgage and...

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