Mason v. Stewart
Supreme Court of Louisiana
APPEAL from the District Court of Franklin, Barry, J. The only questions raised by the defendants the court below, were : First, that the partnership of Stewart and Grayson was not a commercial one; or, if it was, that the note sued on was given for the use of it.
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APPEAL from the District Court of Franklin, Barry, J. The only questions raised by the defendants the court below, were : First, that the partnership of Stewart and Grayson was not a commercial one; or, if it was, that the note sued on was given for the use of it. Second, that the note is barred by the prescription of five years. 1st. The testimony of Grayson, proves, that the commercial partnership of Stewart and Grayson, existed at the time the note was executed, and the partnership signature to the note is strong prima facie evidence that it was for a partnership transaction; besides, the…
1Opinion of the Court
The judgment of the court was pronounced by
Rost, J.
This action was commenced on the 27th of October, 1848, on a promissory note which had matured on the 1st of January, 1842. The only serious defence is, the plea of prescription. In order to show an interruption of prescription, the plaintiff introduced, in evidence, the record of the suit of Wm. F. Mason v. Stewart and Grayson, the makers of the note, instituted in November, 1843, in which Stewart, the defendant in this case, appeared, by his counsel, Garrett and Sharp, and answered the petition on the 7th of December, 1843, *739The record was…
2Cited by1 opinion
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