Cassou v. Robbert

Supreme Court of Louisiana

Cassou v. Robbert

116 So. 714, 166 La. 101, 1928 La. LEXIS 1846

Supreme Court of Louisiana·Decided April 9, 1928·No. No. 26796.·Published·Cited by 10 cases

Opinion

ROGERS, J.

The defendant is sued as the indorser of a promissory note for $3,000, dated November 18, 1918, payable on demand, made by one Fernand Cavelier to his order, and by himself also indorsed. In the petition • it is alleged, among- other things, that in April, 1920, plaintiff sued defendant on the note, but discontinued the suit after exceptions had been filed thereto. The present action was instituted on M!arch 10, 1924. Defendant pleaded the prescription of five years. The court below maintained the plea, and dismissed the suit. Plaintiff has appealed.

The judgment appealed from is correct. An action on a promissory note is prescribed by five years from its maturity. Civ. Code, art. 3540. Where a note is payable on demand, this prescription runs from the date of the note, and nót from the demand. Darby v. Darby, 120 La. 847, 45 So. 747, 14 L. R. A. (N. S.) 1208, 14 Ann. Cas. 805. A voluntary discontinuance of a prior suit on a note does not interrupt prescription. Civ. Code, art. 3519.

For the reasons assigned, the judgment appealed from is affirmed, at the cost of the appellant.

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ROGERS, J.

The defendant is sued as the indorser of a promissory note for $3,000, dated November 18, 1918, payable on demand, made by one Fernand Cavelier to his order, and by himself also indorsed. In the petition • it is alleged, among- other things, that in April, 1920, plaintiff sued defendant on the note, but discontinued the suit after exceptions had been filed thereto. The present action was instituted on M!arch 10, 1924. Defendant pleaded the prescription of five years. The court below maintained the plea, and dismissed the suit. Plaintiff has appealed.

The judgment appealed from is correct. An action on a promissory note is prescribed by five years from its maturity. Civ. Code, art. 3540. Where a note is payable on demand, this prescription runs from the date of the note, and nót from the demand. Darby v. Darby, 120 La. 847, 45 So. 747, 14 L. R. A. (N. S.) 1208, 14 Ann. Cas. 805. A voluntary discontinuance of a prior suit on a note does not interrupt prescription. Civ. Code, art. 3519.

For the reasons assigned, the judgment appealed from is affirmed, at the cost of the appellant.

Cassou v. Robbert, 116 So. 714, 166 La. 101, 1928 La. LEXIS 1846 (La. 1928).

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Opinion

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