Bank of Slidell v. Gause

Defendant assigns as error the refusal of the Court of Appeal to sustain his plea of prescription of five years, urged against the suit of plaintiff bank on a demand note signed hy defendant and W. T. Tippen as makers in solido. Tippen had died before suit was instituted, and Gause alone is made party defendant. The basis of defendant’s complaint is that the decisions cited in the opinion of the Court of Appeal have been superseded hy article 2278 of the Civil Code, prohibiting the reception of parol evidence to prove acknowledgment or promise of a party deceased, to pay any debt or…