Bank of Louisiana v. Smith

hWALTZER, Judge.

STATEMENT OF THE CASE

Bank of Louisiana (BOL) brought suit on open account pursuant to La. R.S. 9:2781 against William S. Smith, Jr., for merchandise charged to Smith’s BOL credit card. Following trial, the court rendered judgment in favor of BOL for $5,283.97 plus interest and attorney’s fees. From this judgment, Smith appeals. We reverse.

STATEMENT OF FACTS

James Comiskey, BOL President, testified that he was only generally familiar with Smith’s BOL account, and had no personal knowledge of the disputed charges or BOL’s investigation of the claim. According to Comiskey, Smith,…