11 Rob. 449 | La. | 1845
This action is brought upon a promissory note for $578 57, drawn by Curtis and Daniel, to the order of Babcock, Gardiner & Co, and by the latter endorsed to the plaintiff, without recourse. The note bears date the 1.6th of February, 1833, is payable six months after date, and draws interest at eight per cent per annum from maturity until paid. On the back of this note, a credit is endorsed in the hand .writing of the plaintiff for two hundred dollars, received of B. C. Curtis, on the 14th of February, 1835. To this demand, the defendant, among other means of defence, sets up the plea of prescription. He had a judgment below in his favor, from which the plaintiff appealed'.
More than five years having intervened between the maturity of the note sued on, and the inception of this suit^which was brought only in November, 1839, the defendant’s plea must prevail, unless prescription is shown to have been interrupted in one of the modes pointed out by law. The credit endorsed on the note being in the plaintiff’s own hand writing, cannot avail him, unless he shows that the payment was made to him at the time therein mentioned. This he attempted to do by examining Charles Gardiner, a member of the firm of Babcock, Gardiner
Judgment affirmed.