Legal Opinion

Hibernia National Bank in New Orleans v. Con-Agg Equipment Leasing Corp.

Louisiana Court of Appeal

Decided November 12, 1985No. 85-CA-227PublishedCited by 3 opinions

1Opinion of the Court

GRISBAUM, Judge.

This is an appeal from the trial court’s granting a deficiency judgment in a suit brought against the guarantor of two chattel mortgages. We affirm.

Two principal issues are presented. We confront first whether the trial court erred in concluding that the corporate resolution submitted in support of executory process meets the requirements prescribed in Louisiana Code of Civil Procedure article 2636(4) and, thus, can be deemed authentic evidence in an executory proceeding. Secondly, if the executory process was otherwise proper, we ask whether its exercise was made defective by…

2Cases cited8 opinions

  1. Miller v. CappelSupreme Court of Louisiana · 1884
  2. Bank of Leesville v. WingateSupreme Court of Louisiana · 1909
  3. Fabacher v. Hammond Dairy Co., Inc.Louisiana Court of Appeal · 1980
  4. Interstate Trust & Banking Co. v. Powell Bros. & SandersSupreme Court of Louisiana · 1910
  5. Stubbs v. StateCourt of Appeals of Mississippi · 2004

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Crystal, China & Gold, Ltd. v. Factoria Center Investments, Inc.Court of Appeals of Washington · 1999
  2. Evans v. BongardLouisiana Court of Appeal · 1988
  3. Hibernia National Bank in New Orleans v. Con-Agg Equipment Leasing Corp.Supreme Court of Louisiana · 1986

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