MILLER v. SAUNDERS

Nos. 94-CA-338, 94-CA-339.

645 So.2d 777 (1994)

Martin O. MILLER, II v. Patricia Mendoza Saunders, Wife of/and Benjamin SAUNDERS. Martin O. MILLER, II v. Diane St. Germain Davis, Wife of/and James T. DAVIS.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied January 27, 1995.


Attorney(s) appearing for the Case

Theodore A. Mars, Jr., Andrew Blanchfield, New Orleans, for plaintiff-appellee.

Stephen P. Schott, New Orleans, Blake G. Arata, Jr., Benjamin B. Saunders, Metairie, for defendant-appellant.

Before GRISBAUM, DUFRESNE and GOTHARD, JJ.


DUFRESNE, Judge.

This is an appeal by James Davis and Benjamin Saunders, and their respective wives, defendants-appellants, from a summary judgment in favor of Martin Miller, plaintiff-appellee, the holder of two $55,000.00 demand notes, in his suit on those notes. In this court's opinion, the trial judge fell into error in declining to consider evidence extrinsic to the notes which the defendants urged would have established facts showing that the indebtedness evidenced...

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