23 La. Ann. 172 | La. | 1871
The plaintiff sues on a promissory note, dated January 9, 1859, made payable one year after date. Several credits are indorsed on the note, the second on the ninth of January, .1862, the third and last on tho twenty-fourth of August, 1867, more than five years intervening. Suit was brought and citation acknowledged on the third February, 1870. Tho plea of prescription was made by the defendant, which being sustained by the court below and judgment rendered against the plaintiff, he has appealed.
Prescription had accrued prior to the date of the credit last appearing on the note, and, the act of 1858 requiring a written promise of tho debtor to pay the debt in order to revive the obligation, we think the judgment correct.
It is therefore ordered, adjudged and decreed that the judgment of the district court be affirmed with costs. 21 An. 740.