Legal Opinion

Dunaway v. Spain

Louisiana Court of Appeal

Decided April 16, 1985No. CA 84 0178PublishedCited by 3 opinions

1Opinion of the Court

LANIER, Judge.

This is a suit on a promissory note seeking to recover an unpaid balance of $18,-000, interest thereon at 14% per annum and an attorney fee of 25% of the principal and interest due. The defendant-maker of the note answered asserting the affirmative defenses of novation and dation en paiement. La.C.C.P. art. 1005. After a trial, the district court rendered judgment in favor of the plaintiff for $18,000, with interest at 14% from March 23,1979, and 25% of the principal and interest as an attorney fee. The court granted a credit of $9,000 against the amount due, effective August 2,…

2Cases cited24 opinions

  1. Arceneaux v. DomingueSupreme Court of Louisiana · 1978
  2. Placid Oil Co. v. TaylorLouisiana Court of Appeal · 1976
  3. Isaacs v. Van HooseSupreme Court of Louisiana · 1930
  4. DLJ of Louisiana No. 1 v. Green Thumb, Inc.Supreme Court of Louisiana · 1979
  5. Preferred Investment Corporation v. DensonLouisiana Court of Appeal · 1971

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3Cited by3 opinions

  1. Holley Equipment Company, a Corporation v. Credit Alliance Corporation, a CorporationCourt of Appeals for the Eleventh Circuit · 1987
  2. Dunaway v. SpainSupreme Court of Louisiana · 1986
  3. Dunaway v. SpainSupreme Court of Louisiana · 1985

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