Mid-South Mortgage Co. v. Bartmess

MARVIN, Judge.

In this action on a promissory note given to a mortgage broker as a commission for procuring a loan commitment for the defendant-maker, the broker appeals a judgment rejecting its demands.

The record supports the conclusion that the commission was not “earned” in the sense that the note was executed without “cause” or consideration. See Seymour v. Franek, 5 So.2d 394 (La. App. Orl. 1942); LRS 10:3-408, La. C.C. Arts. 1893, 1896-1900.

Even should we agree arguendo that a promise to pay still presumes a cause or consideration, this presumption, when recognized, has not been held to…