Cambre v. Gerald

My only point of departure from the majority opinion is where they hold that partial payment by the maker of a note interrupts prescription as to an indorser (accommodation or otherwise) not expressly bound in solido with the maker.1

Generally, a partial payment by one joint debtor interrupts prescription only as to the debtor making the payment. Jordan v. Smith, 206 La. 765, 20 So.2d 17 (1944). However, LSA-C.C. 3552 provides an exception, whereby payment by one debtor in solido interrupts prescription as to all the others Barnett v. Sandford, 18 La.App. 262, 137 So. 566 (La.App. 2 Cir. 1931).