Theodore v. Bank of New Orleans & Trust Co.

BOUTALL, Judge.

Appellants, Sallie Theodore and her husband, appeal from a judgment maintaining an exception of res judicata filed by the appellee, The Bank of New Orleans.

Originally, the Theodores filed a suit against BNO alleging two bases of recovery: First, that BNO had improperly withheld money which belonged to the plaintiffs; and second, to recover damages for defamation for certain statements made about the plaintiffs by employees of the bank. In that suit, a number of exceptions were filed by BNO. The trial judge maintained an exception of no cause of action and dismissed the suit.…