Cited by
Opinions in Louisiana that cite Louisiana Bank and Trust Co., Crowley v. Boutte, 309 So. 2d 274.
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The Cadle Co. v. Anderson
18 So. 3d 775
La. Ct. App. 1st Cir. 2009
Louisiana Bank and Trust Company, -280 (La.1975).
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Fitch v. Toys "R" Us—Delaware, Inc.
876 So. 2d 185
La. Ct. App. 1st Cir. 2004
Louisiana Bank & Trust Co., Crowley v. *187 Boutte
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IRL R. SILVERSTEIN, PLC. v. Juarez
740 So. 2d 702
La. Ct. App. 5th Cir. 1999
Louisiana Bank & Trust Co., (La.
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Robin E. Owens & Associates, Inc. v. Booth
729 So. 2d 1096
La. Ct. App. 5th Cir. 1999
3 Cir.1974), judgment affirmed
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Commercial National Bank in Shreveport v. Pipe Sales of Shreveport, Inc.
600 So. 2d 130
La. Ct. App. 2d Cir. 1992
First National Bank of Crowley v. Green Garden Processing Company, Inc., supra; Louisiana Bank & Trust Company, LSA-C.C.
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SECURITY FIRST NAT. BANK v. Richards
584 So. 2d 1174
La. Ct. App. 3d Cir. 1991
The defendants argue that the decision of the Supreme Court in Louisiana Bank and Trust Co., is in their favor.
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Criticized
Bordelon v. Smith
506 So. 2d 788
La. Ct. App. 1st Cir. 1987
[3] The Louisiana Supreme Court has even gone so far as to hold that a solidary surety is a principal, but that decision has been uniformly criticized.
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FIRST NAT. BANK OF WEST MONROE v. Pickens
465 So. 2d 874
La. Ct. App. 2d Cir. 1985
In Louisiana Bank and Trust Co., the Supreme Court held that the release of the principal debtor, when accompanied by a reservation of rights against other parties, does not discharge the solidary surety.
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Jilek v. Covert
465 So. 2d 102
La. Ct. App. 4th Cir. 1985
n. 7 (La.1975)), *104 the paying UM carrier has nothing more than subrogation to the tort victim's claim.
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Fertitta v. Allstate Ins. Co.
462 So. 2d 159
La. 1985
See *166 Louisiana Bank &
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King Musical Instruments, Inc. v. Arceneaux Music Center, Inc.
441 So. 2d 786
La. Ct. App. 1st Cir. 1983
2106, 3035, 3052, 3053, 3077; Louisiana Bank & Trust Co.
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Carter's Ins. Agency, Inc. v. Franklin
428 So. 2d 808
La. Ct. App. 1st Cir. 1983
art. 3052; Louisiana Bank and Trust Company
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Domingues Motors, Inc. v. Lalonde
417 So. 2d 900
La. Ct. App. 3d Cir. 1982
Plaintiff argues in our case, however, that the surety's contractual agreement was that his liability "shall not be affected" by discharge of the debtor and that therefore, as in Louisiana Bank & T. Co.; Crowley v. Boutte, La.1975, , the ordinary rule of law that the discharge of the debtor discharges the sureties, C.C.
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General Motors Acceptance Corp. v. Smith
399 So. 2d 1285
La. Ct. App. 4th Cir. 1981
Plaintiff argues in our case, however, that the surety's contractual agreement was that his liability "shall not be affected" by discharge of the debtor and that therefore, as in Louisiana Bank & T. Co., Crowley v. Boutte, La.1975, , the ordinary rule of law that the discharge of the debtor discharges the sureties, C.C.
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Daigle v. Chaisson
396 So. 2d 573
La. Ct. App. 3d Cir. 1981
See, Louisiana Bank and Trust Co., "
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Parrino v. Parrino
393 So. 2d 761
La. Ct. App. 1st Cir. 1980
In Louisiana Bank and Trust Co., the court said: “Among the co-obligors, however, bound in solido, the legal relationships may be governed by the rules of suretyship.
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First Nat. Bank of Crowley v. Green Garden Processing Company, Inc.
387 So. 2d 1070
La. 1980
interpreting it as requiring that the principal debtor and the individual guarantors all be included in determining the virile shares of each.
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Wisconsin Capital Corp. v. Trans World Land Title Corp.
378 So. 2d 495
La. Ct. App. 4th Cir. 1979
Louisiana Bank and Trust Co.
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First National Bank of Crowley v. Green Garden Processing Co.
371 So. 2d 1294
La. Ct. App. 1st Cir. 1979
In Louisiana Bank and Trust Co., , (La.1975), a continuing guaranty agreement very similar to the instruments involved in the present case was signed by four guarantors.
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Aiavolasiti v. Versailles Gardens Land Development Co.
371 So. 2d 755
La. 1979
In Louisiana Bank and Trust Co., this Court, in reviewing a continuing guaranty almost identical to those now under scrutiny, held that the effect of the application of articles 2106 [4] and 3045 [5] of the Civil Code is that, as between the creditor and the surety bound in solido with the debtor, the obligations of the surety are governed
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First National Bank of Jefferson Parish v. Louisiana Purchase Corp.
346 So. 2d 345
La. Ct. App. 1st Cir. 1977
We refer to the case of Louisiana Bank & Louisiana Revised Civil Code Article 3045, and 2 Planiol, 768.
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Bonura v. Christiana Bros. Poultry Co. of Gretna, Inc.
336 So. 2d 881
La. Ct. App. 4th Cir. 1976
Although the Supreme Court subsequently amended the holding at (1975), the opinion recognized that prescription on a guaranty does not begin to run until the principal indebtedness sued on arises.
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First Nat. Bank of Lafayette v. Doni Homes, Inc.
338 So. 2d 1202
La. Ct. App. 3d Cir. 1976
Compare Louisiana Bank and Trust Co., which deals with solidary sureties under a continuing guaranty.