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FIRST BANK AND TRUST v. N & S SPECIALTIES

No. 06-CA-618.

947 So.2d 205 (2007)

FIRST BANK AND TRUST v. N & S SPECIALTIES, INC., Jude A. Orgeron & Sidney J. Stallings, III.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied February 13, 2007.

Attorney(s) appearing for the Case

Wayne A. Maiorana, Jr., Newman, Mathis, Brady & Spedale, Attorney at Law, Metairie, Louisiana, for Plaintiff/Appellant.

Leo D. Congeni, Leo D. Congeni & Associates, New Orleans, Louisiana.

Panel composed of Judges THOMAS F. DALEY, CLARENCE E. McMANUS and FREDERICKA HOMBERG WICKER.

McMANUS, Judge.

STATEMENT OF THE FACTS

On September 27, 2000, a promissory note was executed between N & S Specialities ("N & S"), through its agents Jude Orgeron ("Orgeron") and Sidney Stallings ("Stallings"), and First Bank and Trust ("First Bank") for $25,000.00. Also on September 27, 2000, Orgeron signed a Commercial Guaranty agreeing to pay the loan if N & S defaulted.

On August 14, 2002, Stallings, on behalf of N & S...

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