Hickman v. Stafford
Supreme Court of Louisiana
Appeal the District. Court of Rapides, Boyce, J. The maker and endorser of a' note1 are bOundim solido. The case of Attain v. Longer, 4 La. 152, is opposed' to' the decision in Jacobs v. Williams, 12 Rob. 183. The first question to be answered is, what is an obligation in solido? Art. 2086 et seq.- of the Civil Code,' says: “There is an obligation in solido on the part of the debtors when they are all obliged to the same thing, so that each may be compelled for the whole,-…
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Appeal the District. Court of Rapides, Boyce, J. The maker and endorser of a' note1 are bOundim solido. The case of Attain v. Longer, 4 La. 152, is opposed' to' the decision in Jacobs v. Williams, 12 Rob. 183. The first question to be answered is, what is an obligation in solido? Art. 2086 et seq.- of the Civil Code,' says: “There is an obligation in solido on the part of the debtors when they are all obliged to the same thing, so that each may be compelled for the whole,- and when the payment which is made by one of them exonerates the others towards the' creditors.” The obligation may be in…
1Opinion of the Court
The judgment of the court was pronounced by
King, J.
The defendants are sued as the endorsers of a promissory note, and plead the prescription of five years in defence. A judgment was rendered against them in the court below', from which they have appealed.
The note upon which the action is founded matured on the 4th of January, 1838, and citations were served on the defendants on the 22d and 24th of April, 1844, more than six years after the note fell due. The prescription had therefore become complete before the inception of this suit, unless interrupted. To show such interruption the…
2Cited by3 opinions
- Wooten v. WimberlySupreme Court of Louisiana · 1973
- Finance Security Co. v. WilliamsLouisiana Court of Appeal · 1949
- Cambre v. GeraldLouisiana Court of Appeal · 1971