7 Mart. (N.S.) 108 | La. | 1828
delivered the opinion of the court. This suit is brought to recover a balance due on a promissory note, which appears to have been made in the state of New-York by the defendant,together with one Isaac Lobdell, jr. The note is alleged to have been executed by partners, (merchants,) and consequently created an obligation joint abd several on the promisors. The answer contains a general denial, and a plea of prescription, founded on the laws of New-York, and also on the laws of this state. The court below gave a judgment for the plaintiffs, from which the defendants appealed.
The only question in the cause, worthy of notice, arises out of the defence based on prescription. The laws of the place of contract, in relation to limitation or prescription, must be left out of view. The doctrine appears to be fully established, that the lea: fori alone governs in respect to such matters. The law invoked to support the plea of prescription in the present case, on which the defendant mainly relies, is found in the 3S05th article of the
The maxim of jurisprudence, which prevents from doing indirectly that which cannof
This is the first time the court has been „ . ? called on to interpret the new rules of pre” scription established by the Louisiana code. The change of limitad on for actions from thirty years to five, is very great: ahd certainly it was not in the contemplation of law-makers, that it should operate instantaneously on contracts and promises, wherein few years had elapsed after the time at which they were to have been performed. Such a construction of the law would indeed have the effect to giveit a most iniquitous retroactive influence on the rights of our citizens; and can on no principle of justice, or any fair rule of interpretation, be maintained.
The article of the code relied on by the defendants, as it relates to the inhabitants of this state, can be only prospective in its operation and effect on the contracts and rights which existed at the time of its enactment. And we are unable to discover any good reason why it should operate differently on the contracts and rights of foreigners who claim the interference of our courts ofijustice to enforce their claims. The plaintiffs had a right of action against the
It is therefore ordered, adjudged and decreed, that the judgment of the district court „ , . , he amrmed with costs.