Northern Assurance Co. of America v. Cotton

I .STEWART, Judge.

Barbara M. Sugar loaned her gold necklace valued at $22,000.00 to the defendant, Tommie A. Cotton. Mrs. Cotton later lost the necklace while moving into her new home. Northern Assurance Company of America, plaintiffs insurer, filed a voluntary deposit action against the defendant pursuant to Article 2926-2956 of the Louisiana Civil Code. The trial court held that the defendant acted as a prudent depositary and dismissed the insurer’s cause of action. The plaintiff-insurer subsequently lodged this appeal. We affirm.

FACTS

In December of 1988, Tommie A. Cotton borrowed a gold…