Gaspard v. Lachney, No. 8613

CourtCourt of Appeal of Louisiana (US)
Writing for the CourtHARDY
Citation92 So.2d 277
PartiesEric P. GASPARD, Plaintiff-Appellant, v. Winnis LACHNEY, Defendant-Appellee.
Docket NumberNo. 8613
Decision Date07 January 1957

Page 277

92 So.2d 277
Eric P. GASPARD, Plaintiff-Appellant,
v.
Winnis LACHNEY, Defendant-Appellee.
No. 8613.
Court of Appeal of Louisiana, Second Circuit.
Jan. 7, 1957.

Charles A. Riddle, Jr., Marksville, for appellant.

Eugene N. Scallan, Marksville, for appellee.

HARDY, Judge.

Alleging himself to be the holder and owner of a promissory note executed by the defendant, plaintiff instituted this suit for the recovery of the face amount of the note, together with interest and attorney's fees, as provided therein. After trial there was judgment in favor of defendant rejecting plaintiff's demands, from which he brings this appeal.

The evidence on trial was not transcribed but a summary thereof has been supplied by a stipulation of facts agreed upon by counsel for the parties which is incorporated in the record. We quote the stipulation in its entirety as follows:

'During the month of July or August, 1953, Eric P. Gaspard claimed of the defendant, Winnis Lachnay, the sum of approximately $148.00 on an open account, and the defendant denied that he was indebted to the plaintiff, claiming that he had paid him, but that if he was indebted to him at all it was in an amount of approximately $40.00. The account was one for wines and liquors, but defendant testified that he was convinced that it was paid, but agreed that he would concede

Page 278

his indebtedness if plaintiff could present evidence that he had not paid the account or had purchased other liquor since payment of the account. Plaintiff sued on an open account and on a note. On the trial he abandoned the claim on the open account. The events giving rise to the execution of the note and the manner in which it was executed are as follows:

'During the month of August, 1953, plaintiff attempted to get defendant to pay him this money which he contended was owed to him, but which defendant disputed. In spite of defendant's contentions that he did not owe plaintiff as plaintiff contended, defendant agreed to accompany plaintiff to The Union Bank to make a loan. It was then that plaintiff brought defendant to The Union Bank in Marksville, Louisiana, where the defendant went inside and the plaintiff remained outside. Shortly afterwards defendant returned outside with the note prepared by the President of the bank for $160.00, the note having already been signed by defendant. It was then that plaintiff also signed the note. Plaintiff contends he signed the note with respect to defendant as endorser so that defendant could pay him the money plaintiff claimed defendant owed him; while defendant contends that plaintiff signed it as maker and defendant as endorser, or, at best, as co-maker. Defendant then returned to the bank with the note, discounted it and brought the proceeds to the plaintiff who was awaiting him at the curb. These proceeds, $160.00 less the interest retained by the bank, defendant handed over to the plaintiff and plaintiff then returned to Winnis Lachnay about 'Two or Three Dollars'.

'When the note became due in 1954 the parties were notified; plaintiff went to the bank, discovered the note had not been paid and then paid the accrued interest thus extending the note. Again in September of 1955, when the note became due and unpaid, the parties being notified, plaintiff paid the bank the amount of the note plus accrued interest. The bank then endorsed the note to plaintiff 'without recourse'. It was then that plaintiff made demand upon defendant to pay the note which plaintiff now held,...

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5 practice notes
  • Meadow Brook National Bank v. Recile, Civ. A. No. 67-341.
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • April 28, 1969
    ...liable in solido with the maker of the note. Relying on § 29 of the Negotiable Instruments Law, La.Stat.Ann. 7:29, and Gaspard v. Lachney, 92 So.2d 277 (La. App.1957), the plaintiff correctly claims that an accommodation endorser is one who merely lends his name to the instrument without re......
  • Walker v. Delahoussaye, No. 4926
    • United States
    • Court of Appeal of Louisiana (US)
    • December 21, 1959
    ...therefor insofar as they represented Delahoussaye's debt.2 LSA-R.S. 7:29; LSA-Civil Code, Art. 2106; Gaspard v. Lachney, La.App. 2 Cir., 92 So.2d 277. Page Since the balance owed to the finance company was still unpaid, except for five installments, and since Delahoussaye was also obligated......
  • Brashears v. Williams, No. 9781
    • United States
    • Louisiana Court of Appeal
    • April 22, 1974
    ...maker and solidarily bound with Williams. LSA-R.S. 7:29; Walker v. Delahoussaye, 116 So.2d 884 (La.App.1st Cir. 1959); Gaspard v. Lachney, 92 So.2d 277 (La.App.2nd Cir. 1957). While the affirmative defense of bankruptcy does not constitute payment or extinguishment of a debt, it can serve a......
  • Gleason v. Barrilleaux, No. 9749
    • United States
    • Court of Appeal of Louisiana (US)
    • March 18, 1974
    ...and specific act of signing the instrument. Walker v. Delahoussaye, 116 So.2d 884 (La.App., 1st Cir.), 1959; Gaspard v. Lachney, 92 So.2d 277 (La.App., 2nd Cir.), Based on the evidence presented during the trial of this matter, this Court has no difficulty in finding as did the trial Judge ......
  • Request a trial to view additional results
5 cases
  • Meadow Brook National Bank v. Recile, Civ. A. No. 67-341.
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • April 28, 1969
    ...liable in solido with the maker of the note. Relying on § 29 of the Negotiable Instruments Law, La.Stat.Ann. 7:29, and Gaspard v. Lachney, 92 So.2d 277 (La. App.1957), the plaintiff correctly claims that an accommodation endorser is one who merely lends his name to the instrument without re......
  • Walker v. Delahoussaye, No. 4926
    • United States
    • Court of Appeal of Louisiana (US)
    • December 21, 1959
    ...therefor insofar as they represented Delahoussaye's debt.2 LSA-R.S. 7:29; LSA-Civil Code, Art. 2106; Gaspard v. Lachney, La.App. 2 Cir., 92 So.2d 277. Page Since the balance owed to the finance company was still unpaid, except for five installments, and since Delahoussaye was also obligated......
  • Brashears v. Williams, No. 9781
    • United States
    • Louisiana Court of Appeal
    • April 22, 1974
    ...maker and solidarily bound with Williams. LSA-R.S. 7:29; Walker v. Delahoussaye, 116 So.2d 884 (La.App.1st Cir. 1959); Gaspard v. Lachney, 92 So.2d 277 (La.App.2nd Cir. 1957). While the affirmative defense of bankruptcy does not constitute payment or extinguishment of a debt, it can serve a......
  • Gleason v. Barrilleaux, No. 9749
    • United States
    • Court of Appeal of Louisiana (US)
    • March 18, 1974
    ...and specific act of signing the instrument. Walker v. Delahoussaye, 116 So.2d 884 (La.App., 1st Cir.), 1959; Gaspard v. Lachney, 92 So.2d 277 (La.App., 2nd Cir.), Based on the evidence presented during the trial of this matter, this Court has no difficulty in finding as did the trial Judge ......
  • Request a trial to view additional results

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