Legal Opinion · Dissent

First National Bank of Jefferson Parish v. Boudreaux

Louisiana Court of Appeal

Decided July 27, 1987No. 87-CA-171Published

1DissentBowes, Judge

I can find nothing in the trial court’s comments, it’s reasons for judgment or the record, to indicate that the Court suspected Mr. Boudreaux’s credibility, as indicated by the majority. Therefore, I am of the opinion that the only testimony in the case, that of Boudreaux and his mother, clearly shows that the payment made on behalf of Boudreaux was done without his knowledge or authorization. I find absolutely no testimony or evidence to the contrary.

In my view, this case falls- squarely under Guaranty Bank and Trust v. Heidrich, 163 La. 957, 113 So.2d 161 (1927), which held that a payment…

2Cases cited5 opinions

  1. Fuller v. StateSupreme Court of Alabama · 1959
  2. Guaranty Bank & Trust Co. v. HeiderichSupreme Court of Louisiana · 1927
  3. Caridas v. DahlLouisiana Court of Appeal · 1975
  4. Gaillardanne v. LocascioLouisiana Court of Appeal · 1936
  5. Amite Bank & Trust Co. v. FieldLouisiana Court of Appeal · 1932

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