Morgan's Discount Corp. v. Belote

CULPEPPER, Judge.

This is a suit on a promissory note against which defendant pleads the prescription of five years. The trial judge sustained the exception and dismissed the suit. Plaintiff appealed.

*1223The issues are: (1) Did defendant make any payments on the subject note between January 5, 1967 (the note’s accelerated maturity date) and May 13, 1975 (the date plaintiff filed this suit on the note)? (2) If such payments were made, did they interrupt the prescription of five years provided by Article 3540 of the Civil Code?

Plaintiff-appellant is the holder of a promissory note dated November…