Bank of Commerce & Trust Co. v. Prejean

FRUGÉ, Judge.

This is a suit by a bank as a holder in due course against the maker and the payee-endorser on two checks totaling $9,437.10. Criminal charges were filed in Acadia Parish wherein this suit arose and in East Baton Rouge Parish by the payee against the maker in the first jurisdiction, and the maker against the payee in the second for a theft of $5,000.00 allegedly arising out of the same transaction upon which the plaintiff became a holder in due course.

Defendant Prejean, payee-endorser, was subjected to prosecution in East Baton Rouge Parish and sought to have this civil suit…