Whitney National Bank of New Orleans v. Pfister

Supreme Court of Louisiana December 8, 1978

Whitney National Bank of New Orleans v. Pfister, 365 So. 2d 248 (La. 1978)

1978 La. LEXIS 5521

Grant, Marcus, Summers, Tate, Writ

Concurring Opinion

TATE, J.,

concurs in denial, being under the belief that the Court of Appeal currently indicated that the applicant’s remedy for recovery of the underlying obligation is by an independent suit, rather than a remand for amendment of the pleadings in the present suit. The present suit interrupted prescription on all claims arising out of the factual basis for such obligation.

Opinion of the Court

In re: Whitney National Bank of New Orleans applying for writ of certiorari, 4th Circuit Court of Appeal. Parish of Orleans. 362 So.2d 1200.

Writ denied.

SUMMERS and MARCUS, JJ., would grant the writ.

Reference

Full Case Name: WHITNEY NATIONAL BANK OF NEW ORLEANS v. Gerald G. PFISTER and Henry J. Guidry, etc.
Status: Published