Bank of Louisiana v. Richard
This text of 8 La. Ann. 459 (Bank of Louisiana v. Richard) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendant, sued as endorser of a promissory note drawn by Bumm'tn'ait, Bordelon & Go., is appellant from a judgment rendered thereon against him. He relies on prescription as a bar to the action. The note sued on is dated the 27th of June, 1846, payable twelve months after date, and protested at maturity for non-payment, of which the defendant was notified.
The prescription is clearly acquired, unless ihterrupted by one of the causes prescribed by law.
As the plea has originated in this Court, the ends of justice require that the case should be remanded to enable the plaintiff to show such interruption.
It is, therefore, ordered, adjudged and decreed, that the judgment of the Court below be reversed, and the case remanded for further proceedings. The costs of appeal to be borne by the plaintiff.
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Cite This Page — Counsel Stack
8 La. Ann. 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-louisiana-v-richard-la-1853.