Legal Opinion
First National Bank of Abbeville v. LeBlanc
Louisiana Court of Appeal
Decided January 16, 1969No. 2545PublishedCited by 3 opinions
1Opinion of the Court
CULPEPPER, Judge.
The plaintiff bank filed this suit as the holder and owner of a promissory note of which defendant is the maker. The defense is that the debt has been discharged in bankruptcy proceedings. From an adverse judgment, the plaintiff has appealed.
At the very outset, the plaintiff bank calls to our attention that the record contains no proof of defendant’s discharge in bankruptcy. Proof of the discharge is an essential element of the special defense urged. However, under the circumstances we will exercise our discretionary power to remand this case to the lower court in order that…
2Cases cited3 opinions
- Excel Finance Camp, Inc. v. AutinLouisiana Court of Appeal · 1965
- Standard Brass & Mfg. Co. v. Maryland Casualty Co.Louisiana Court of Appeal · 1963
- Gloston v. Commercial Standard InsuranceLouisiana Court of Appeal · 1967
3Cited by3 opinions
- Jarvis v. Lafayette General HospitalLouisiana Court of Appeal · 1980
- City of Monroe v. FussellLouisiana Court of Appeal · 1974
- First National Bank of Abbeville v. LeblancLouisiana Court of Appeal · 1970