Hatch v. Acadiana Bank & Trust Co.

488 So. 2d 437, 2 U.C.C. Rep. Serv. 2d (West) 543, 1986 La. App. LEXIS 6990
CourtLouisiana Court of Appeal
DecidedMay 14, 1986
Docket85-644
StatusPublished
Cited by3 cases

This text of 488 So. 2d 437 (Hatch v. Acadiana Bank & Trust Co.) 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
Hatch v. Acadiana Bank & Trust Co., 488 So. 2d 437, 2 U.C.C. Rep. Serv. 2d (West) 543, 1986 La. App. LEXIS 6990 (La. Ct. App. 1986).

Opinion

488 So.2d 437 (1986)

A.P. HATCH, et al., Plaintiffs-Appellees,
v.
ACADIANA BANK & TRUST CO., Defendant-Appellant.

No. 85-644.

Court of Appeal of Louisiana, Third Circuit.

May 14, 1986.

*438 Ardoin & Daigle, J. Winston Ardoin, Eunice, for defendant-appellant.

Colleen McDaniel, and Mouton, Roy, Carmouche, Bivins, Judice & Henke, Ralph E. Kraft, Lafayette, for plaintiffs-appellees.

Before STOKER and KING, JJ., and COX, J. Pro Tem.[*]

KING, Judge.

The issues presented by this appeal are whether or not the trial court erred in allowing a copy of a lost check to be used as a foundation for a suit seeking the enforcement of the lost check, whether or not the trial court erred in finding detrimental reliance upon defendant's certification of the lost check, and whether or not the trial court was correct in finding that defendant could not rescind certification of the check without notice to the payee.

A.P. Hatch, A.P. Hatch, Inc., and the law firm of Mouton, Roy, Carmouche, Bivins & Kraft (all hereinafter sometimes referred to as plaintiffs) brought suit against Acadiana Bank & Trust Company (hereinafter referred to as defendant), seeking payment of a check drawn on defendant and subsequently certified by defendant. After a trial on the merits, the trial court rendered judgment for $20,000.00, together with legal interest, and court costs, in favor of plaintiffs, granting judgment for this sum in favor of A.P. Hatch, individually, and against defendant. From this judgment *439 defendant has suspensively appealed. We affirm.

FACTS

Sometime in the Spring of 1980, Mr. John Eddie Soileau, in his capacity as President and sole stockholder of Sunland Construction Company (hereinafter referred to as Sunland), entered into negotiations with Mr. A.P. Hatch, President of A.P. Hatch, Inc., to purchase the assets and business of A.P. Hatch, Inc. During the course of these negotiations, Sunland issued a check drawn on defendant in the amount of $20,000.00 and dated April 21, 1980, payable to the order of "Mouton & Roy Escrow Account." The check was given to Mr. Ralph Kraft, the attorney for A.P. Hatch, Inc., for Mr. Kraft to hold.

Pursuant to Mr. Soileau's instruction to defendant, a stop payment order was placed on the check on April 30, 1980. On May 13, 1980, approximately two weeks after issuance of the stop payment order by Sunland to defendant, one of the employees of A.P. Hatch, Inc. brought the check to defendant and requested that defendant certify the check. At that time defendant certified the check. More than a month later, after negotiations for the sale of A.P. Hatch, Inc. to Sunland were apparently at an end, the check was deposited for credit to the trust account of the law firm of Mouton, Roy, Carmouche, Bivins & Kraft and forwarded in due course for collection. Upon being presented with Sunland's check which it had certified, defendant refused to honor the check. This check was subsequently lost or misplaced.

Plaintiffs filed suit against defendant on August 6, 1980 for $20,000.00, the amount of the check. Defendant answered the petition, asserting its entitlement to all of the defenses possessed by the maker of the check, Sunland,[1] and alternatively alleging that the check was certified in error and as a result of the fraud, misrepresentations and/or ill practices of plaintiffs.

A trial was held on November 29, 1984 at which time both sides presented the testimony of various witnesses. Mr. Hatch testified that the purpose of Sunland's issuance of the $20,000.00 check was to give Sunland the right to examine the books of A.P. Hatch, Inc. and to pay its negotiation expenses "in case the deal broke down." Mr. Hatch's testimony was corroborated by that of Mr. Kraft who testified that Mr. Hatch was concerned about Sunland, which was a competitor of A.P. Hatch, Inc., examining the corporate books of the company and that it was agreed that it would cost Sunland $20,000.00 for Sunland's accountant to examine the books of A.P. Hatch, Inc.

Mr. Soileau admitted in his deposition that he agreed to put up $20,000.00 "as good faith money" so that he could review the financial records of A.P. Hatch, Inc. to determine a purchase price for the company. However, Mr. Soileau also stated that the $20,000.00 check, which was given to Mr. Kraft, was not to be negotiated unless Sunland backed out of a deal after a sale price and all conditions were agreed upon. Mr. Soileau further admitted that he and his accountant did review and examine the financial records of A.P. Hatch, Inc.

After trial and rendition of judgment, a written judgment was signed on April 23, 1985 in favor of plaintiffs and against defendant, awarding to A.P. Hatch, individually,[2] the sum of $20,000.00, together with legal interest from date of judicial demand, until paid, and all costs of the proceedings. Defendant timely filed a suspensive appeal, *440 and contends that the trial court erred in: (1) allowing plaintiffs to use a photocopy of the check as a foundation for its suit, over its timely objection; (2) finding that plaintiffs had detrimentally relied upon its certification of the check prior to its dishonor of the check upon presentation; and (3) finding that it could not rescind certification of the check without notice to the payee.

EVIDENCE OF CHECK AT TIME OF TRIAL

Defendant contends that the trial court erred in allowing plaintiffs to use a photocopy of the check, which was lost prior to institution of suit and which remained lost at the time of trial, as a foundation for its suit despite a timely objection made at trial by its attorney. Specifically, defendant argues that plaintiffs should not have been allowed to introduce evidence of the lost check without first complying with the advertising or bond requirements of former LSA-C.C. Art. 2280, which contained the following language:

"In every case where a lost instrument is made the foundation of a suit or defense, it must appear that the loss has been advertised within a reasonable time in a public newspaper and proper means taken to recover the possession of the instrument; provided, that advertisement of a lost note shall not be necessary in any case where a surety bond given by a person who owns property liable to seizure, and who is domiciled in the parish where the security is to be given, or a commercial bond issued by an insurance company licensed to do business in the state of Louisiana, is furnished to protect the maker and/or his endorsers of said note from loss resulting from said note falling into the hands of a holder in due course provided that the bond must be in amount equal to the face of the note plus twenty-five percent thereof."

Although defendant stipulated at trial that the check had been lost, which eliminated plaintiffs' need to prove the actual loss of the check, defendant reserved its right to specifically object to plaintiffs being allowed to use a photocopy of the lost check as the foundation of its suit without first complying with the advertising requirements or complying with the bond requirements of the above quoted codal article.

Former LSA-C.C. Art. 2280 was repealed by Acts 1984, No. 331, § 1, effective January 1, 1985. LSA-C.C. Art. 1832, which now contains the subject matter of former Article 2280, does not contain any advertising or bond requirements, and simply states that:

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488 So. 2d 437, 2 U.C.C. Rep. Serv. 2d (West) 543, 1986 La. App. LEXIS 6990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hatch-v-acadiana-bank-trust-co-lactapp-1986.