Bud Finance Co. v. Tessitore

Louisiana Court of Appeal

Bud Finance Co. v. Tessitore

146 So. 2d 196, 1962 La. App. LEXIS 2489

CourtLouisiana Court of Appeal

DecidedNovember 5, 1962

DocketNo. 838

StatusPublished

This text of 146 So. 2d 196 (Bud Finance Co. v. Tessitore) 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

Bud Finance Co. v. Tessitore, 146 So. 2d 196, 1962 La. App. LEXIS 2489 (La. Ct. App. 1962).

Pincite

Opinion

YARRUT, Judge.

Defendant appeals from a judgment in favor of Plaintiff for $680.00, plus attorney’s fee and costs, representing the balance due on a promissory note in the original sum of $1080.00, secured by chattel mortgage, which note was reduced by the payment of $400.00 to Plaintiff, as mortgagee, representing amount paid by the insurer when the mortgaged property was destroyed by fire. Defendant’s answer was a general denial only.

On the trial of the case, after Plaintiff adduced evidence of the execution and consideration for the note, Defendant sought to prove a special defense, to-wit, fraud in obtaining the note. The Court maintained Plaintiff’s objection to any proof of fraud, since it had not been specially plead, and rendered judgment for Plaintiff as prayed.

The ruling of the trial judge in refusing to admit evidence of a special defense not specially plead was proper.

For the reasons assigned, the judgment of the lower Court is affirmed; Defendant to pay costs in both Courts.

Affirmed.

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