Legal Opinion

Excel Finance Camp, Inc. v. Sommers

Louisiana Court of Appeal

Decided May 7, 1962No. 406PublishedCited by 2 opinions

1Opinion of the Court

YARRUT, Judge.

Plaintiff-Appellant sues on a note allegedly executed by Defendants, Sommers and Rohrbacker. Rohrbacker allowed a default judgment to be entered against him, and is not a party to this appeal. Defendant Sommers charged his signature is a forgery. From an adverse decision, Plaintiff has appealed.

The issue is solely one of fact, whether or not Defendant Sommers’ signature is a forgery, the burden of proof resting on Plaintiff. Teutonia Bank & Trust Co. v. Heaslip, 138 La. 860, 70 So. 861; Hemenway, Inc. v. Guillory, La.App., 155 So. 57.

Plaintiff’s manager and cashier both…

2Cases cited2 opinions

  1. Teutonia Bank & Trust Co. v. HeaslipSupreme Court of Louisiana · 1916
  2. Hemenway, Inc. v. GuilloryLouisiana Court of Appeal · 1934

3Cited by2 opinions

  1. Gulfco Finance Company of Livingston v. LeeLouisiana Court of Appeal · 1970
  2. Don T. Clymer v. Nancy C. DeGirolanoCourt of Chancery of Delaware · 2023

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