Phipps v. Chesson

hDECUIR, Judge.

This is an appeal by Manufacturers Hanover Wheelease, Inc. and Continental Insurance Company from the judgment of the trial court maintaining the exception of no cause of action filed by defendant-appellee, Skipper Drost. Appellants contend that the trial court erred in holding there was no cause of action for unjust enrichment/return of a thing unduly received against Drost who was a payee on a check tendered as payment on a judgment later overturned by devolutive appeal. We reverse.

Manufacturers took a devolutive appeal from a default judgment in favor of Andrew and Susie…