Legal Opinion
Caballero v. Wilkinson
Supreme Court of Louisiana
Decided January 29, 1979No. 62858PublishedCited by 4 opinions
1Opinion of the Court
WILLIAM A. CULPEPPER, Justice Ad Hoc*.
This is a suit for payment of a promissory note. The plaintiff is the holder but not the owner. Defendants, makers of the note, filed an answer alleging payment. The trial court rejected defendants’ defense of payment and held for plaintiff on the merits. The Court of Appeal, 360 So.2d 579 (La.App. 4th Cir. 1978), reversed, with one judge concurring on different grounds. The majority held, on its own motion, that since plaintiff is not the owner of the note nor shown to be specially authorized by the owner to sue, he has no right of action. The concurring…
2Cases cited2 opinions
- Paletou v. SobelLouisiana Court of Appeal · 1966
- Caballero v. CerdesLouisiana Court of Appeal · 1978
3Cited by4 opinions
- First Nat. Bank v. CarrLouisiana Court of Appeal · 1990
- Lambert v. BarkerSupreme Court of Virginia · 1986
- Coleman Music & Games Co. v. McDanielDistrict Court of Appeal of Florida · 1981
- O'KEEFE v. Breaux Mart General Meyers, Inc.Louisiana Court of Appeal · 1986