Surety Credit Co. v. Smith

Louisiana Court of Appeal

Surety Credit Co. v. Smith

6 Pelt. 304, 1923 La. App. LEXIS 42

CourtLouisiana Court of Appeal

DecidedJanuary 22, 1923

DocketNO. 8582

StatusPublished

This text of 6 Pelt. 304 (Surety Credit Co. v. Smith) 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

Surety Credit Co. v. Smith, 6 Pelt. 304, 1923 La. App. LEXIS 42 (La. Ct. App. 1923).

Pincite

Opinion

WILLIAM A. BELL, JUDGE.

This is a suit against the defendant, one of three joint and several signers of a promissory note dated May 27, 1921 for the sum of $100.00, value received, and payable on demand with interest at the rate of 8 per. cent per annum from maturity until paid, and for attorneys fees fixed at 20 per. cent.

Defendants pleads exception of no cause of action and further answering admits his signature to the note but pleads that said signature was procured without any consideration for the signing of said note and through misrepresentation and fraud. The answer does not set forth by whose misrepresentation or fraud was the defendant induced to obligate himself upon the note in question, and there is no evidence in the record which in any manner supportslthese defences.

There was judgment in the Lower Court in favor of plaintiff and against defendant for the full sum of $100.00 with 8 per. cent interest thereony^BZat,May 27, 1921 until paid and 20 per. cent attorneys fees on the principal and interest and for cost. We find no error in the judgment of the Lower Court.

JUDGMENT AFFIRMED

January 22, 1923.

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