Home/Louisiana Court of Appeal/Friendly Finance Discount Corp. v. Hayden

Friendly Finance Discount Corp. v. Hayden

171 So. 2d 717, 1965 La. App. LEXIS 4588
CourtLouisiana Court of Appeal
DecidedJanuary 26, 1965
DocketNo. 10327
StatusPublished
Cited by5 cases

This text of 171 So. 2d 717 (Friendly Finance Discount Corp. v. Hayden) 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
Friendly Finance Discount Corp. v. Hayden, 171 So. 2d 717, 1965 La. App. LEXIS 4588 (La. Ct. App. 1965).

Opinion

BOLIN, Judge.

Plaintiff seeks enforcement of its claim for $1,984.00, allegedly due on a promissory [718]*718note signed by defendants, Charles and Ber-niesteen Hayden. Charles Hayden filed no answer and judgment was rendered against him by default. However, Berniesteen Hayden answered the suit and interposed as defense her previous discharge in bankruptcy, alleging that plaintiff’s claim was listed in the bankruptcy schedule and was thus discharged. By supplemental petition plaintiff claims it was induced to extend credit to defendants in reliance upon false representations or upon a false financial statement in writing and therefore the debt should not be discharged.

Following trial on the merits the lower court cast Berniesteen in solido with Charles Hayden for the debt, thereby rejecting the claim that the debt had been discharged in bankruptcy. From this judgment Berniesteen Hayden appeals.

We believe the contest revolves around the validity and effect of the document, furnished by plaintiff, entitled "Application and Financial Statement,” which was admittedly signed by defendants prior to signing the note here sued upon. A clearer understanding of the issues may be had by an examination of the instrument which we duplicate below:

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Related

Superior Loan Corporation of Buffalo v. Robie
476 S.W.2d 144 (Missouri Court of Appeals, 1972)
All State Credit Plan Harahan, Inc. v. Anderson
250 So. 2d 806 (Louisiana Court of Appeal, 1971)
Midland Discount Company v. Robichaux
184 So. 2d 93 (Louisiana Court of Appeal, 1966)
Friendly Finance Discount Corp. v. Hayden
173 So. 2d 541 (Supreme Court of Louisiana, 1965)
Cash Finance Service, Inc. v. Haisch
173 So. 2d 851 (Louisiana Court of Appeal, 1965)

Cite This Page — Counsel Stack

Bluebook (online)
171 So. 2d 717, 1965 La. App. LEXIS 4588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friendly-finance-discount-corp-v-hayden-lactapp-1965.