CHARBONNET v. SPALITTA

No. 98-CA-1321.

747 So.2d 1155 (1999)

Albert CHARBONNET v. Frank SPALITTA.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied December 6, 1999.

Writ Denied February 18, 2000.


Attorney(s) appearing for the Case

Stephen D. Marx Chehardy, Sherman, Ellis, Breslin & Murray, Metairie, Louisiana, Attorney for Defendant/Appellant.

Thomas E. Loehn, Matthew B. Moreland, Boggs, Loehn & Rodrigue, New Orleans, Louisiana, Attorneys for Plaintiff/Appellee.

Panel composed of Judges SOL GOTHARD, THOMAS F. DALEY, MARION F. EDWARDS.


GOTHARD, Judge.

Defendant, Frank Spalitta, appeals from a judgment in favor of plaintiff, Albert Charbonnet, awarding to plaintiff $5,000.00 with interest from date of demand. We reverse the decision of the trial court.

In 1979, plaintiffs Albert Charbonnet and Daniel Hof loaned Mr. Samuel Moore $10,000.00. The loan was evidenced by a promissory note dated July 19, 1979, payable to the order of "Bearer," and secured by a collateral mortgage on Moore's house...

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