Harman v. Claiborne
Supreme Court of Louisiana
APPEAL from the Parish Court of New Orleans, Maurian, J. Prescription was interrupted by the acknowledgments of the debt, made by the defendants from time to time in their own books. Civ. Code, art 3486. “ La prescription s’interrompt non-seulement par ces titres nouvels, mais ¡par quelque acte que ce soit, qui est récognitif de la dette-” Pothier, Cout.
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APPEAL from the Parish Court of New Orleans, Maurian, J. Prescription was interrupted by the acknowledgments of the debt, made by the defendants from time to time in their own books. Civ. Code, art 3486. “ La prescription s’interrompt non-seulement par ces titres nouvels, mais ¡par quelque acte que ce soit, qui est récognitif de la dette-” Pothier, Cout. D’Orleans, tit. 14, no. 46. The acknowledgment of a debt on the Mian of an insolvent, interrupts prescription. 2 Troplong, Prescrip, p. 293, no. 719. An acknowledgment need not be accepted, since it is a confession, not a contract. 2 Trop.…
1Opinion of the Court
The judgment of the court was pronounced by
Eustis, C. J.
This action is brought on a duplicate check drawn by the late Bank of Orleans on the Bank of Pennsylvania, payable to the order ofthe plaintiff, for $2000. It bears date May 10,1836, and was protested for non-payment, on the 5th of July, 1844. It appears that the mails of the 10th and 11th of May, 1836, were destroyed by the Creek Indians; and as it is probable that this check was transmitted to its place of payment in Philadelphia by one of these mails, the loss of the original of the check may be presumed, there being no means of…
2Cited by3 opinions
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