H. J. Cottam & Co. v. Raphael

I agree with what is said in the opinion being handed down in this case to the effect that, the note appearing on its face to be prescribed, the burden was on tbe plaintiff to allege and prove facts showing -an interruption of prescription on the note. Continental Bank & Trust Co. v. Simmons et al., La.App., 177 So. 384; Lowentritt v. Posey, 5 La.App. 449; Sherrouse, Ltd. v. Phenix, 14 La.App. 629, 128 So. 536; Stovall v. Tolar, La.App., 172 So. 539.; Cullota v. Washington, 7 La.App. 75.

However, the Pleading and Practice Act (Act 157 of 1912, as amended) provides that all material facts…