Service Finance Co. of Baton Rouge v. Daigle

CLAIBORNE, Judge.

Plaintiff sues on a note incidentally seeking recognition of a chattel mortgage purportedly given to secure the indebtedness. Defendant sets up discharge in bankruptcy as a defense. Plaintiff contends that subsequent to the filing of the petition in bankruptcy, defendant orally reaffirmed the indebtedness. From a judgment rejecting its demands, plaintiff appeals. We affirm.

The question is whether there was a new promise or agreement to pay.

Following receipt of notice of the filing of a petition in bankruptcy, plaintiff’s manager, Corliss Herring, called the defendant. Mr.…