8 Rob. 145 | La. | 1844
The defendant is sued on a note made at Savannah, on the 29 th of October, 1835, by which he promised one day after date to pay to Joseph Cumming the sum of $5000. The note was endorsed by the payee to Joseph Cumming &. Co., who transferred it to the petitioners. It is alleged in the petition,
This plea having been sustained below, the petitioners have appealed.
The evidence shows, that Levistones had left in the possession of Joseph Cumming, some negroes and jack-screws, the hire of which was by agreement to be applied to the reduction and pay
It is clear, that the holder of a note cannot, by any endorsement he may make upon it, interrupt prescription, without the knowledge or consent of his debtor ; but in the present case, the receipt, or endorsement on the note can hardly be considered as made entirely without the assent óf the defendant. It was a credit given for a number of small payments made during several preceding years, with the knowledge and express consent of the defendant, and out of the hire of property which he had left in the possession of his creditor during that time, as a security for the payment of his debt. This possession of the defendant’s property by Cumming & Co., for the purpose of being paid with
It is, therefore, ordered, that the judgment of the Commercial Court be reversed, and that the plaintiffs recover of the defendant the sum of fifteen hundred and forty-two dollars and seven cents, with interest at the rate of seven per centum per an-num from the 1st of May, 1840 until paid, with costs in both courts.
The petition was filed on the 1st April, 1843.