Conger v. City of New Orleans
Supreme Court of Louisiana
APPEAL from the Fifth District Court, parish of Orleans. Bogersr J. Pirst — Prescription does not run duriDg the existence of a pledge.
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APPEAL from the Fifth District Court, parish of Orleans. Bogersr J. Pirst — Prescription does not run duriDg the existence of a pledge. Second — Act 109, of the Acts of 1854, made a perpetual pledge of the stock of the railroad company, subscribed for by the City of New Orleans, in favor of each and every holder of the bonds issued in pursuance of the provisions of said Act, and the ordinance of the Common Council of said city, approved April 7th, 1854, and subsequently ratified by the duly qualified voters of said city, on the 21st da'y of April, 1854, and consequently prescription cannot,…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is a suit to recover the amount of three *1252bonds of the City of New Orleans, of one thousand dollars each, dated May 1st, 1854, payable twenty years after ■ date, issued under the pro- ' visions of Act No. 109, approved March, 1854. The bonds are unaccompanied by any coupon.
On the 17th of May, 1879, five years and sixteen days after the maturity of the bonds, the petition herein was filed.
Under Article 3540, R. C. C., the city pleads the prescription of five years.
In reply to this defense, the plaintiff says:
1st. Prescription does not…
2Cases cited21 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Cromwell v. County of SacSupreme Court of the United States · 1878
- United States v. New OrleansSupreme Court of the United States · 1879
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- Clark v. IselinSupreme Court of the United States · 1875
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- In Re Pan American Life Insurance CompanyLouisiana Court of Appeal · 1956
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