Chenault v. C & H ENTERPRISES, LTD.

514 So. 2d 535, 1987 La. App. LEXIS 10070
CourtLouisiana Court of Appeal
DecidedSeptember 18, 1987
Docket86-812
StatusPublished
Cited by5 cases

This text of 514 So. 2d 535 (Chenault v. C & H ENTERPRISES, LTD.) 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
Chenault v. C & H ENTERPRISES, LTD., 514 So. 2d 535, 1987 La. App. LEXIS 10070 (La. Ct. App. 1987).

Opinion

514 So.2d 535 (1987)

A.B. CHENAULT, Plaintiff-Appellee,
v.
C & H ENTERPRISES, LTD. and M.D. Hill, Defendants-Appellants.

No. 86-812.

Court of Appeal of Louisiana, Third Circuit.

September 18, 1987.

*536 Michael Henry, Natchitoches, for plaintiff-appellee.

Charles W. Seaman, Natchitoches, for defendants-appellants.

Before STOKER, DOUCET and KNOLL, JJ.

DOUCET, Judge.

This appeal addresses the issue of whether or not there was valid consideration given for a promissory note.

Plaintiff, A.B. Chenault, and defendant, M.D. Hill, were close friends from 1951 to 1980. In 1976, the parties formed a closely held corporation, C & H Enterprises, Ltd. (C & H), which installed and serviced amusement machines primarily in alcohol beverage outlets. M.D. Hill, his then wife Mac Neva Hill, A.B. Chenault, and his wife Effie Mae Chenault, each owned 25% of the corporation. C & H was also made a defendant to this suit.

Throughout the existence of the business relationship, plaintiff and defendant often borrowed money from each other. These loans were usually not evidenced by a writing of any sort except when relatively large amounts were loaned. On those occasions, one would give the other a check to cover the amount loaned, to be held until repayment of the debt.

In 1980, it was agreed that the defendant would buy out the share of C & H owned by plaintiff and his wife for $20,000. The purchase price included shares of stock and all physical assets of the business. Two promissory notes for $10,000 each were executed by defendant in his individual capacity and in his capacity as secretary-treasurer *537 of C & H. One note was executed on June 20, 1980, the other on June 21, 1980. Both notes were payable to bearer on July 1, 1985. The notes were given to the Chenaults as payment for their share of C & H and a formal act of sale was executed on July 3, 1980.

When the notes became due they were not paid and plaintiff subsequently instituted this suit on September 3, 1985, for payment on the notes, legal interest, and 25% attorney's fees as provided by the terms of the note. Defendant answered on October 3, 1985, and later, on February 12, 1985, filed a reconventional demand seeking a set-off for a $10,000 note dated July 2, 1980, payable to bearer, and allegedly signed by the plaintiff as maker. Several other claims were also cited as a basis for set-off.

Following trial on the merits, judgment was rendered in favor of plaintiff and against defendant for $20,000 together with legal interest and attorney's fees. The trial judge dismissed defendant's reconventional demand finding that no consideration had been given for the July 1980 note signed by the plaintiff. The court found no other basis for a set-off. On appeal, defendant asserts as error only the trial judge's findings regarding his ultimate conclusion that no consideration had been given for the July 1980 note.

The July 1980 note was presented at trial and a copy of it is contained in the record. The note is signed "A.B. Chenault". Plaintiff emphatically denied that he had signed the note and had no idea where it came from. He testified that he only became aware of the existence of the note in connection with this litigation. He also claimed that, at the time of the sale, he was not indebted to the defendant. The last time he owed defendant money, he stated, was in early 1980 and he claimed that he paid that debt ($5,000). That particular debt was evidenced by a check in the amount of $5,000 dated July 25, 1979, written on his account, signed by him, and made payable to the order of the defendant. At the time of trial, he was in possession of the check which had not been negotiated. He stated that defendant returned it to him when he gave the defendant $5,000 in cash. He claimed that he cashed a check for the $5,000 to give to defendant, but could not produce the cancelled check at trial.

Defendant testified that the July 1980 note was given to him by plaintiff in consideration for the $5,000 check which he returned to plaintiff when the note was executed. The balance of the consideration defendant claimed, was a debt for $2,500 and several smaller debts all owed to him by plaintiff. He stated that the debts owed him by plaintiff totaled a "little over $10,000." He flatly denied that plaintiff ever paid him the $5,000 reiterating that the debt was represented by the note. He had no other document or receipt to verify that plaintiff owed him $10,000 because, he stated, "At the time Mr. Chenault took the money I didn't need a receipt because his word was good." He freely admitted executing the two $10,000 notes as payment for plaintiff's share of C & H. He also admitted they were overdue and that he had not paid anything on them. In a letter defendant wrote to plaintiff dated July 15, 1985, defendant acknowledged the $20,000 in notes held by plaintiff and stated that he fully intended to honor them. The letter also mentioned the July 1980 note for $10,000 signed by plaintiff and held by defendant.

Cynthia Hill, defendant's wife at the time of trial, testified that she was present on July 2, 1980, when the note in question was executed. She stated that the plaintiff typed the information on the note form himself and signed it, all in her presence. She also confirmed that plaintiff and defendant often borrowed money from each other evidencing the loans with checks only when the loans involved larger sums.

James Beal, an attorney, drew up the papers for the sale of plaintiff's share of C & H. He also prepared and notarized the two $10,000 notes executed by defendant in connection with the sale. Mr. Beal had done work for C & H in the past but stated that the parties did not like to pay attorney's fees and often entered into transactions *538 on their own. He testified that the July 1980 note was given to him by the defendant for safekeeping "some time" after the sale. He stated that it had been in his file for "a number of years". He could not say it had been there since its stated date July 2, 1980, but perhaps since later that same year.

Mr. Beal could not recall plaintiff ever indicating to him that he owed defendant any money. However, he stated that he found a note written on the outside of defendant's file folder which was introduced in evidence and read:

"A.  B. owes on note — orig. $5,000
           2500
            197
            197
            250 thru 7/1/80
__________________________________
           3144.00               "

Asked when he wrote this note, Mr. Beal replied before he was interrupted, "I have no idea. I would presume it was before July 1, 1980, but I couldn't ..." He further stated that he did not think he had written anything on the manila folder since the sale, although he admitted that he continued to represent both plaintiff and defendant in other matters.

Robert G. Foley was qualified as an expert in the field of forensic document examination. He compared the signature on the July 1980 note with six other signatures which the plaintiff admitted at trial were his. Those signatures were found on documents which were dated from 1979 to 1982. The documents were introduced in evidence and labeled as "D-2 in globo." At trial, Mr. Foley painstakingly compared the characteristics of the signature on the July 1980 note with those of the six other signatures. He concluded by stating that "there is no question in my mind that the person who signed the A.B. Chenault signatures on the D-2 documents in globo also signed the A.B.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. Daniel L. Pegues
Louisiana Court of Appeal, 2010
Azaretta v. Manalla
768 So. 2d 179 (Louisiana Court of Appeal, 2000)
Anding v. Anding
740 So. 2d 253 (Louisiana Court of Appeal, 1999)
Williamson v. Guice
613 So. 2d 797 (Louisiana Court of Appeal, 1993)
Calcasieu Marine National Bank of Lake Charles v. Miller
590 So. 2d 1365 (Louisiana Court of Appeal, 1991)
First Nat. Bank v. Carr
572 So. 2d 1106 (Louisiana Court of Appeal, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
514 So. 2d 535, 1987 La. App. LEXIS 10070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chenault-v-c-h-enterprises-ltd-lactapp-1987.