Elliott v. Brown

The defendant pleads the prescription of five years to an action upon a negotiable promissory note.

The only question is, has prescription been interrupted ? The District Judge decided that it had not, and the plaintiff has appealed.

In a suit brought by the deceased, George Elliott, against Bryce Elliott, (the present plaintiff,) in 1851, for the supplement of the. price of a plantation, the latter pleaded in reconvention a promissory note, said to be the note now sued on. But, by a consent judgment, the suit was dismissed. This was a voluntary abandonment or discontinuance of the…