No. 8342 Precedential Processed

Motors Securities Co. v. Smith

Louisiana Court of Appeal, First Circuit · Filed June 20, 1955 · 83 So. 2d 566

Also decided on this docket: La. Ct. App. 1st Cir., June 30, 1981 401 So. 2d 685; La. Ct. App. 1st Cir., May 31, 1971 250 So. 2d 177; La. Ct. App. 1st Cir., December 12, 1921 5 Pelt. 737; La., March 15, 1882 34 La. 429

Cited by

Tri-State Finance Corp. v. Brown 173 So. 2d 340 La. Ct. App. 1st Cir. 1965
McNabb v. Foodtown, Inc. 143 So. 2d 144 La. Ct. App. 1st Cir. 1962
Bickham Motors, Inc. v. Bickham 104 So. 2d 442 La. Ct. App. 1st Cir. 1958

Opinion text

GLADNEY, Judge (dissenting). Defendant W. L. Smith voluntarily signed the so-called extension agreement which permitted plaintiff to receive the mortgaged vehicle in pledge without prejudice of its rights to foreclose through ordinary or executory process. No attack was made upon the validity of the “extension agreement” or that the signature of Smith thereon was obtained by misrepresentation. Smith, an intelligent witness, testified only that the document was signed late in the evening when he could not see, that it was not read to him and he believed he was transferring the automobile in full settlement of the unpaid balance of the note. In my opinion the burden of proving the defense of payment has not been met and I respectfully dissent.