Merchants Trust & Sav. Bank v. Franzone

388 So.2d 851 (1980)

MERCHANTS TRUST AND SAVINGS BANK

v.

Vincent FRANZONE.

No. 11062.

Court of Appeal of Louisiana, Fourth Circuit.

August 25, 1980.

Rehearing Denied October 16, 1980.

Bruce M. Danner, Philip S. Brooks, New Orleans, for plaintiff.

Samuel W. Ethridge, Kenner, for defendant.

Before SAMUEL, REDMANN and SARTAIN, JJ.

REDMANN, Judge.

Plaintiff bank appeals from a judgment which dismissed its suit to avoid two leases between itself and defendant, its one-time vice-president and president (and a director and one of its controlling shareholders). The issue is whether defendant's fiduciary…