Parker v. Moore

The judgment of the court was pronounced by

King, J.

The' plaintiffs, styling themselves executors of Eden Brashear, deceased, instituted this action upon a promissory note executed by Joseph U. Moore Co., and endorsed by Muir, Moore & Co., of both of which commercial firms the defendants were members. The note bears date the 3d of December, 1838, and fell due on the 1st of January, 1839. The defendants first filed an answer, in which they pleaded the extinction of the note by the prescription of five years. Nearly one year later their counsel filed an exception, which in the plea itself is…