Cullotta v. Washington
Louisiana Court of Appeal
1Opinion of the CourtLeche, J.
This case had previously been heard by this court and, according to the judgment which we rendered therein after the first hearing, was remanded for the purpose of receiving evidence as to whether a credit of $71.57, indorsed on the instrument sued on, was really made by defendants so as to effect an interruption of prescription. See original decree filed June 7, 1927.
The burden of proof to show an interruption, where the instrument upon which the suit is based is prescribed on its face, rests upon plaintiff.
The note was drawn and subscribed on March 20, 1919, and was made payable ten months…
2Cases cited2 opinions
- Wood v. MonteleoneSupreme Court of Louisiana · 1907
- Sharpe v. LevertSupreme Court of Louisiana · 1899
3Cited by3 opinions
- Commercial Nat. Bank v. HendersonLouisiana Court of Appeal · 1937
- Gaillardanne v. LocascioLouisiana Court of Appeal · 1936
- W. J. & C. Sherrouse, Ltd. v. PhenixLouisiana Court of Appeal · 1930