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Bowers v. Greene's Marine Products, Inc.

Citations: 386 So. 2d 925; 1980 La. App. LEXIS 3870Docket: No. 7456

Court: Louisiana Court of Appeal; May 21, 1980; Louisiana; State Appellate Court

Narrative Opinion Summary

This case involves a consolidated trial and appeal with two other cases, addressing similar legal issues. Plaintiffs Curt E. Bowers and Carl B. Smith sought to collect $7,310.68 on a promissory note assigned to them by the Calcasieu Marine National Bank of Lake Charles, which had been executed by defendant Greene’s Marine Products, Inc. and endorsed by D.C. Greene. The defendants countered with a reconventional demand and a third-party claim against the bank, alleging wrongful attachment of their property and wrongful withdrawal of funds from their bank account. The court ruled in favor of the plaintiffs, awarding them $7,310.68, along with interest and attorney’s fees, while dismissing the defendants' claims. The defendants appealed the judgment, but the court affirmed the ruling based on the opinion rendered in the related case. All costs of the appeal were assigned to the defendants.

Legal Issues Addressed

Appeal and Affirmation of Judgment

Application: The defendants appealed the judgment, but the appellate court affirmed the original ruling, holding them liable for all appeal costs.

Reasoning: The defendants appealed the judgment, but the court affirmed the ruling based on the opinion rendered in the related case. All costs of the appeal were assigned to the defendants.

Counterclaims and Third-party Demands

Application: The defendants' counterclaim and third-party demand, alleging wrongful attachment and withdrawal, were dismissed by the court.

Reasoning: The defendants countered with a reconventional demand and a third-party claim against the bank, alleging wrongful attachment of their property and wrongful withdrawal of funds from their bank account.

Enforcement of Promissory Notes

Application: The plaintiffs successfully enforced a promissory note assigned to them, leading to a judgment in their favor for the full amount owed.

Reasoning: Plaintiffs Curt E. Bowers and Carl B. Smith sought to collect $7,310.68 on a promissory note assigned to them by the Calcasieu Marine National Bank of Lake Charles, which had been executed by defendant Greene’s Marine Products, Inc. and endorsed by D.C. Greene.