F. Miller & Sons, Inc. v. Travelers Indemnity Co.

TATE, Judge.

The plaintiff (“Miller”) sues in Calcasieu Parish to recover overpayments of some fifteen thousand dollars made by it to the defendant (“Newman”). Joined as code-fendant is Newman’s surety on an indemnity bond (“Travelers”). From adverse judgment, Travelers alone appeals.

Before this court, Travelers principally contends that the trial court erred: (1) in failing to sustain an exception to this suit based upon its allegedly improper venue in Calcasieu Parish; (2) in failing to sustain an exception of res judicata based upon a summary judgment obtained in Tangipahoa Parish; and (3)…