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Lucky Coin Mach. Co. v. J.O.D. Inc.

Court of Appeals of Louisiana, Fifth Circuit

December 23, 2014

LUCKY COIN MACHINE COMPANY
v.
J.O.D. INC. D/B/A THE BAR AND JASON JAUME

Page 999

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 712-340, DIVISION " C" . HONORABLE JUNE B. DARENSBURG, JUDGE PRESIDING.

THOMAS A. ROBICHAUX, ATTORNEY AT LAW, Metairie, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

KEITH M. COUTURE, ATTORNEY AT LAW, Madisonville, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and Robert M. Murphy.

OPINION

Page 1000

[14-562 La.App. 5 Cir. 2] MARC E. JOHNSON, Judge.

Defendants/Appellants, J.O.D., Inc. d/b/a The Bar (hereinafter referred to as " JOD" ) and Jason Jaume, appeal the trial court's judgment and award in favor of Plaintiff/Appellee, Lucky Coin Machine Co. (hereinafter referred to as " Lucky Coin" ), from a suit regarding promissory notes filed in the 24th Judicial District Court, Division " C" . For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

This a suit on demand notes. JOD was the operator of a bar/nightclub located in Metairie, Louisiana. JOD borrowed money through promissory notes from Master Video Poker, Inc. (hereinafter referred to as " MVP" ), a company later acquired by Lucky Coin, for video poker gaming devices used in JOD. The video poker gaming devices were operated by Lucky Coin. Mr. Jaume acquired stock in JOD through a stock purchase agreement and was the sole stockholder in JOD. The debts owed to MVP by JOD in the amount of $90,000.00 were included in the stock purchase agreement.

Subsequent to Mr. Jaume's stock purchase, he and JOD borrowed money through multiple promissory notes from Lucky Coin for the video poker gaming [14-562 La.App. 5 Cir. 3] devices. JOD borrowed the following amounts from Lucky Coin through promissory notes: $15,000.00 with no interest on November 27, 2006; $1,942.00 with ten percent interest on February 7, 2007; $1,948.00 with ten percent interest on

Page 1001

March 16, 2007; $17,638.75 with no interest on April 2, 2007; and $2,000.00 with no interest on September 24, 2008. Each of the promissory notes was signed by Mr. Jaume on behalf of JOD and as a personal guarantor. Above each of the signature lines in the promissory notes stated the following language: " The undersigned agree[s] to be liable in solido and as personal guarantor on the indebtedness reflected in this demand note." On August 13, 2008, $25,000.00 of JOD's debt to Lucky Coin was transferred to another company owned by Mr. Jaume.

Payments on the promissory notes were made by Defendants either directly or through the withholding of video poker revenues. Payments continued at $300.00 per week through September 16, 2010. Afterwards, sporadic payments averaging $161.03 were paid over the next 12 months. The last payment made on behalf of JOD in the amount of $400.00 was made on September 7, 2011.

On March 13, 2012, Lucky Coin filed a Petition for Monies Owed against JOD and Mr. Jaume. A trial on the merits was held on August 23, 2013, and the matter was taken under advisement. On September 23, 2013, the trial court rendered a judgment in favor of Lucky Coin for $47,181.98 together with interest from the date of judicial demand, attorney's fees and court costs. The trial court found that Mr. Jaume was liable for the debt in solido with JOD. The trial court held that the amount owed was one consolidated and continuing debt, and the payments were accounted for in due course against the entire debt. The trial court also found that none of the claims for the promissory notes ...


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