Anding v. Anding

740 So. 2d 253, 1999 WL 624131
CourtLouisiana Court of Appeal
DecidedAugust 18, 1999
Docket32,084-CA
StatusPublished
Cited by7 cases

This text of 740 So. 2d 253 (Anding v. Anding) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anding v. Anding, 740 So. 2d 253, 1999 WL 624131 (La. Ct. App. 1999).

Opinion

740 So.2d 253 (1999)

Alvin B. ANDING, Sr., Plaintiff-Appellee,
v.
Lee ANDING and Mamie Skipper Anding, Defendants-Appellants.

No. 32,084-CA.

Court of Appeal of Louisiana, Second Circuit.

August 18, 1999.

*254 Hayes, Harkey, Smith & Cascio by C. Joseph Roberts, III, Donald C. Douglas, Jr., Monroe, Counsel for Appellee, Alvin B. Anding, Sr.

Arbour & Aycock by Larry Arbour, West Monroe, Counsel for Appellant, Lee Anding.

Blackwell, Chambliss, Henry, Caldwell & Cagle by Sam O. Henry, III, West Monroe, Counsel for Appellant, Mamie Skipper Anding.

Before NORRIS, C.J., and WILLIAMS and STEWART, JJ.

STEWART, J.

Alvin B. Anding, Sr. ("Bert") sued his father, Lee Anding ("Lee") and his former step-mother, Mamie Skipper Anding ("Mamie") for collection on a promissory note and reimbursement for labor, advances, and expenses provided or paid by Bert on their behalf. In her answer, Mamie alleged collusion between Bert and Lee, asserted the affirmative defense of compensation, and asserted a cross-claim against Lee for mismanagement of community property. The trial court rejected Mamie's defenses and cross-claim and rendered a judgment granting Bert's claims in full, totaling over $260,000. Mamie now appeals. Finding no error in the trial court's judgment, we affirm.

FACTS

Lee and Mamie were married in 1968. It was a second marriage for both. At the time, Lee and Bert were engaged in a land clearing business together under the name "Lee Anding & Son." This business ceased operations in the early 1970's, at which time Lee and Bert assumed separate debts *255 incurred during the existence of Lee Anding & Son. As part of their separation, Bert assumed debts owed to Scott Truck & Tractor ("Scott"), and its various divisions, totaling approximately $140,000. Lee assumed a debt owed to Scott evidenced by a note (the "1969 note") dated December 9, 1969, for $47,612.37 payable by Lee in three annual installments to "any future holder." A mortgage on property owned by Lee secured the 1969 note. Lee also assumed a debt owed Northwestern Mutual Life Insurance Company (the "Northwestern debt") evidenced by a note dated January 13, 1969, for $70,000, payable to Northwestern by Lee and Mamie, and secured by a mortgage granted by Lee and Mamie.

On December 28, 1970, Bert pledged a note (the "1970 note") to Scott for $99,907.65, secured by a chattel mortgage in the name of Lee Anding & Son and signed by Bert. The chattel mortgage covered various items of equipment kept by Bert after the termination of Lee Anding & Son. This transaction enabled Bert to significantly reduce the $140,000 debt he assumed when Lee Anding & Son ceased operations. The remaining debt was paid after Bert began his own land clearing business known as "Anding Construction" and completed a large job clearing Cypress Black Bayou in Benton, Louisiana. Scott's representative, Sam Adams ("Adams"), worked closely with Bert throughout this job by providing financing as needed. According to Adams, Bert paid Lee $100 per week throughout the Black Bayou job even though Lee was never at the job site and was not a part of Anding Construction. Bert confirmed the payments to Lee and explained that they were made to help Lee who had no money coming in at the time. While Bert was able to manage and pay off his portion of the Scott debt, Lee made no payments on his own debts. When Lee became delinquent on the debt evidenced by the Northwestern note, Bert obtained a loan from Central Bank to pay $11,038.44 on Lee's behalf.

In the years following the termination of Lee Anding & Son, the relationship between Lee and Bert was often strained. Lee failed to pay off his debts at Scott and the debt continued to increase as interest accrued, agreements were entered to extend the maturity of the notes, and new loans were made. On August 20, 1974, Scott loaned Lee an additional $18,000 evidenced by a note payable on demand to "any future holder." In 1979, Bert signed a note (the "1979 note") payable to Lee for $76,935.69, even though Bert denied owing Lee any money. Bert explained that the 1979 note evidenced the debt which Lee then owed to Scott and that Lee insisted that Bert sign a note to him after Lee reissued his own note at Scott. Bert stated that he signed the 1979 note simply to avoid arguing with Lee in front of Adams at Scott and insisted that he did not owe any money to Lee. Bert made no payments to Lee on the 1979 note.

On July 28, 1986, Lee pledged a new note (the "1986 note") to Scott evidencing a total debt of $97,475.38. The 1986 note was payable on demand, signed by Lee, and secured by a real estate mortgage. Again, Lee made no payments on the Scott debt. By August 26, 1993, Lee's indebtedness totaled $167,651.98, and Scott was insisting that the debt be liquidated by October 1, 1993. Lee, who was 90 years old, was no longer able to manage either his cattle operation or his finances; consequently, he sought help from Bert. Bert moved to be near Lee and devoted considerable time and effort to get Lee's affairs in order. Using his own funds and borrowing additional money, Bert paid Lee's bills, including an overdue bill of $1,000 for electricity, replenished Lee's overdrawn bank account, repaired and built fences, repaired machinery and equipment, and tended to the cattle. Although Bert did not charge for his efforts at the time, Bert did keep track of his labor, expenses, and money loaned to Lee for future reimbursement. Bert obtained a note (the "1994 *256 note") dated January 12, 1994, as security from Lee. The 1994 note is for $150,000 payable on demand and is secured by a chattel mortgage.

Bert also prevented Scott's foreclosure on Lee's property. In order for Bert to obtain financing to pay off Lee's loan at Scott, Lee and Mamie executed a note (the "1993 note") dated September 24, 1993, for $167,651.98 payable on demand to "any future holder." After failing to secure alternate financing to pay off Lee's debt at Scott, Bert pledged the 1993 note to Scott in satisfaction of Lee's debt. Along with the pledge of the 1993 note, Lee and Mamie signed an agreement dated April 15, 1994, acknowledging their assignment of the 1993 note to Bert, stating that there are no defenses or offsets against it, and consenting to the pledge of the 1993 note to Scott by Bert. Thereafter, Bert managed to pay off a substantial portion of Lee's debt and to obtain the 1993 note back from Scott.

Lee and Mamie separated in March 1995, and obtained a judgment of divorce in November 1995. The instant suit followed. In reasons for judgment, the trial court determined that the litigation hinged on the following three documents: (1) the 1993 note; (2) the 1994 note; and (3) the April 15, 1994 agreement signed by Lee and Mamie. Upon finding all three of these documents valid and binding and finding that Bert proved his claim for reimbursement, the trial court rendered judgment in favor of Bert and denied Mamie's affirmative defense of compensation and her claims against Lee. Mamie now appeals.[1]

DISCUSSION

Compensation

In her first three assignments of error, Mamie challenges the trial court's rejection of her defense of compensation. This affirmative defense hinged on the 1979 note from Bert to Lee, which Mamie claimed extinguished the debt underlying the 1993 note sought to be enforced by Bert. The trial court first noted that by claiming compensation as an affirmative defense, Mamie admitted the correctness of the debt sued upon by Bert.

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Cite This Page — Counsel Stack

Bluebook (online)
740 So. 2d 253, 1999 WL 624131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anding-v-anding-lactapp-1999.