Tanner v. King

Suit for one-half of the amount of two joint obligations, subscribed by the defendant and another person in favor of plaintiff.

Defence: Prescription of five years; that the other joint obligor was not made party defendant to this action; and want of consideration, the said obligations having been obtained through fraudulent misrepresentations and concealment of facts on the part of plaintiff.

Of the two obligations sued upon, one is negotiable in its form, and the other not negotiable. Both matured in January, 1832. As the law stood at the time this action was brought, the prescription of five…