Cassou v. Robbert

The defendant is sued as the indorser of a promissory note for $3,000, dated November 18, 1918, payable on demand, made by one Fernand Cavelier to his order, and by himself also indorsed. In the petition • it is alleged, among- other things, that in April, 1920, plaintiff sued defendant on the note, but discontinued the suit after exceptions had been filed thereto. The present action was instituted on M!arch 10, 1924. Defendant pleaded the prescription of five years. The court below maintained the plea, and dismissed the suit. Plaintiff has appealed.

The judgment appealed from is correct. An…