Legal Opinion

Joslin v. Friends of Babovich

Louisiana Court of Appeal

Decided September 10, 1997No. 97-C-1472Published

1Opinion of the Court

LLOBRANO, Judge.

The issue in this writ application is whether the makers of promissory notes which are pledged to secure the principal obligation of the borrower can be deprived of asserting defenses because of the Federal Holder in *1109Due Course Doctrine and/or the D’Oench, Duhme Doctrine.

The borrower in this ease, “Friends of Wayne Babovich,” executed a promissory note payable to the order of Crescent City Bank evidencing a debt of $300,000.00. That note was secured by the pledge of three promissory notes executed by: (1) Ronald Natal in the sum of $15,000.00; (2) Steven Scott Sewell in the…

2Cases cited5 opinions

  1. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  2. Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Richard M. WoodCourt of Appeals for the Sixth Circuit · 1985
  3. Campbell Leasing, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the First Circuit · 1990
  4. Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Clifford Hamilton and Dee Iva Hamilton, Defendants/third-Party v. Federal Deposit Insurance Corporation, as Receiver for Texas Bank & Trust Company, and Larry Tester, Third-PartyCourt of Appeals for the Third Circuit · 1991
  5. Resolution Trust Corp. v. MaldonadoLouisiana Court of Appeal · 1992

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