Braswell v. Heartwell

ON REHEARING

After the original opinion in this case was delivered, defendants-appellants Morris and Continental-Emsco filed applications for rehearing, and, for the first time, pleas of prescription.

The pleas are directed at the two notes, neither containing endorsements showing payments and both beyond the five year prescriptive period of C.C. 3540 prior to suit. Appellants argue that, even if we find prescription to have been interrupted by payment on the principal obligation (represented by the $50,000 note) or by the pledge of the collateral note, there was no payment on the $65,000…