Lackey v. Macmurdo
Supreme Court of Louisiana
PPEAL from the Second District Court of New Orleans, lea, J. It is well settled that prescription being once interrupted, the previous time can never afterwards be computed to make up the time necessary to prescribe, which recommences only from the cessation of the interruption. BAmiere v. Spencer, 2 M. R. 83. Badon v. Bohan, 4 An.
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PPEAL from the Second District Court of New Orleans, lea, J. It is well settled that prescription being once interrupted, the previous time can never afterwards be computed to make up the time necessary to prescribe, which recommences only from the cessation of the interruption. BAmiere v. Spencer, 2 M. R. 83. Badon v. Bohan, 4 An. R. 467. It is equally well settled that prescription is interrupted whenever the debtor or possessor acknowledges the debt, or adverse right against which it was running; so a promise to pay, or a partial payment before prescription, being an acknowledgment of the…
1Opinion of the Court
Slidei.l, O. J.
This suit was brought in February, 1853, upon a note made by the firm of A. L Addison & Co., dated 24th May, 1845, and payable one year after date.
It is proved, that the defendant was, at the date of the note, a member of the firm of A. L. Addison & Co.; that the firm name was signed by him; and that they had compromised most of their debts at fifteen cents on the dollar. The defence rests entirely on the plea of prescription; and the only question to be determined is, whether an interruption of prescription has been proved. The reliance of the plaintiff is upon a conversation…
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- Lillard v. KempSupreme Court of Louisiana · 1844
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