Tyson v. M'Gill
Supreme Court of Louisiana
APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. This is an action against the maker of two promissory notes, both of which were over due more than five years at the commencement of suit. The defendant pleaded a discharge under 'the insolvent laws of Missouri, and prescription. On the trial, the defendant offered a judgment of discharge rendered by one of the courts in Missouri, which was rejected as evidence.
Read the full summary
APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. This is an action against the maker of two promissory notes, both of which were over due more than five years at the commencement of suit. The defendant pleaded a discharge under 'the insolvent laws of Missouri, and prescription. On the trial, the defendant offered a judgment of discharge rendered by one of the courts in Missouri, which was rejected as evidence. The evidence showed that the plaintiff resided in New-York,' and the defendant at St. Louis, until after the notes became due. The plaintiff’s counsel deposed, that he called on…
1Opinion of the CourtBullard, J.
This is an action against the maker of two promissory notes due, the one on the 12th of May, and the other on the 12th of August, 1834; and the plaintiff is appellant from a judgment sustaining the plea of prescription. The suit was brought in October, 1839. In whatever place the defendant may have resided, the prescription of five years runs in his favor, even against minors and perspns interdicted. Articles 3505, 3506 of the Louisiana Code. The conditional offer made by the defendant, in a conversation with the plaintiff’s counsel, does not, in our opinion, amount to á new promise, which…
2Cited by6 opinions
- La Del Oil Properties, Inc. v. Magnolia Petroleum Co.Supreme Court of Louisiana · 1930
- McMasters v. MatherSupreme Court of Louisiana · 1849
- Garland v. HolmesSupreme Court of Louisiana · 1846
- Bailey v. Porter-Wadley Lumber Co.District Court, W.D. Louisiana · 1939
- Garland v. HolmesSupreme Court of Louisiana · 1846
1 more not listed; retrieve them via the Exa API.