First Progressive Bank v. Griffith

REDMANN, Judge.

The maker and indorser of a promissory note appeal from a summary judgment for its amount in favor of plaintiff payee. They argue that the failure of plaintiff’s supporting affidavit to attach “sworn or certified” copies, La.C.C.P. 967, of the note and the previous note of which it was a renewal, both referred to in the affidavit, prevents summary judgment. We disagree.

“When signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense.” La.R.S. 10:3-307(2). Had the petition separately alleged…