Curry v. Winnfield

DOMENGEAUX, Judge.

This is a suit on a promissory note. The defendants pled prescription of five years and the trial court sustained the exception dismissing plaintiff’s suit. Plaintiff appeals. We affirm.

The issues are: (1) Did the promissory note prescribe? (2) If so, did the defendants renounce the accrued prescription in a letter postmarked April 9, 1980?

Plaintiff, E. Hester Curry, Jr., d/b/a Curry Bonding Service was the holder of a promissory note executed by defendants, Tom Winnfield, Jr. and Alice Rose Jones Winnfield, on June 26, 1973. The note was secured by a real estate mortgage…