2009 CA 2275 Precedential Processed

Robertson v. Sun Life Financial

Louisiana Court of Appeal, First Circuit · Filed June 11, 2010 · 40 So. 3d 507

Opinion text

HUGHES, J., concurring. hi concur and note that Louisiana has fact pleading. The defendant does not get to designate the cause of action in order to more easily defeat it. If plaintiff received delivery, he apparently has a cause of action for conversion. If he never received the check, the obligation owed to the payee is not affected, it continues to exist, and can be sued upon directly under the contract, as explained in the comments to LSA-R.S. 10:3-420. Louisiana also allows the pleading of alternative theories of recovery.