Legal Opinion
Guaranty Bank of Mamou v. Community Rice Mill, Inc.
Louisiana Court of Appeal
Decided June 25, 1986No. 85-22PublishedCited by 5 opinions
1Opinion of the Court
DOMENGEAUX, Judge.
This appeal follows a deficiency judgment against the heirs of a continuing guarantor. The heirs appeal on the issues of the validity of the continuing guarantee and its enforcibility in a suit for a deficiency judgment where there was an untimely appraisal of the immovables also securing the principal debtor’s obligation. Because we hold that under the applicable jurisprudence a deficiency judgment against the heirs of the guarantor is prohibited by the public policy proclaimed in La.R.S. 13:4106 and 4107, we decline to address the validity of the continuing guarantee.
On…
Also in this document: Concurrence.
2Cases cited3 opinions
- General Motors Acceptance Corp. v. SmithLouisiana Court of Appeal · 1981
- Domingues Motors, Inc. v. LalondeLouisiana Court of Appeal · 1982
- Massey-Ferguson Credit Corp. v. DouglasLouisiana Court of Appeal · 1984
3Cited by5 opinions
- University Prop. Corp. v. Fidelity Nat. BankLouisiana Court of Appeal · 1986
- Guaranty Bank of Mamou v. Community Rice MillSupreme Court of Louisiana · 1987
- First Acadiana Bank v. BieberLouisiana Court of Appeal · 1990
- Associates Commercial Corp. v. Vick's Sand Pit & Dredging Co.Louisiana Court of Appeal · 1988
- Guaranty Bank of Mamou v. Community Rice Mill, Inc.Supreme Court of Louisiana · 1986