Legal Opinion
Farmers-Merchants Bank and Trust Company v. The Cit Group/equipment Financing, Inc.
Court of Appeals for the Fifth Circuit
Decided December 1, 1989No. 89-4409PublishedCited by 7 opinions
1Per curiam
The district court held that La.Rev. Stat.Ann § 9:5362 does not apply to a dation en paiement and granted defendant’s motion to dismiss. Plaintiff appeals and we reverse.
I
The essential facts are not disputed in this case. Farmers-Merchants Bank & Trust Company (Farmers) of St. Martin Parish was the last holder of a collateral chattel mortgage note dated December 3, 1984, and executed by Dugas Construction Company (Dugas), a Louisiana corporation domiciled in St. Martin Parish. The collateral mortgage note was secured by several pieces of Dugas’ equipment (including a Case, 508 Front End…
2Cases cited7 opinions
- Slaton v. KingSupreme Court of Louisiana · 1948
- Rada v. ADMINISTRATOR, DIV. OF EMP. SEC., STATE, DEPT. OF LABOR.Louisiana Court of Appeal · 1975
- Quality Finance Co. of Donaldsonville, Inc. v. BourqueSupreme Court of Louisiana · 1975
- Succession of DupreSupreme Court of Louisiana · 1951
- Crescionne v. La. State Police Retire. Bd.Supreme Court of Louisiana · 1984
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States v. D.W. SnyderCourt of Appeals for the Fifth Circuit · 1991
- Ricker v. John Deere InsuranceOhio Court of Appeals · 1998
- Variable Annuity Life Ins. Co. v. ClarkeCourt of Appeals for the Fifth Circuit · 1993
- Garrett v. Commonwealth Mortgage Corp. of AmericaCourt of Appeals for the Fifth Circuit · 1991
- Roque Cruz and Rosaura Cruz, Individually and as Next Friends for Rosibel Cruz, Alvaro Cruz and Perla Evelyn Cruz, Minor Children v. Ben H. CarpenterCourt of Appeals for the Fifth Circuit · 1990
2 more not listed; retrieve them via the Exa API.