Massachusetts Bonding Ins. Co. v. Nelson

Plaintiff appealed from judgment which sustained a plea of prescription of one year interposed by defendant. The allegations of fact contained in the petition served as the basis for upholding the plea as against the contention of plaintiff that ten year prescription was applicable to the cause of action upon which alleged. In other words, defendant's contention is that the cause of action is governed by the rule of prescription pertinent to actions ex delicto, Article 2315 of the Civil Code, whereas plaintiff contends that the action is governed by the prescription applicable to contracts or…