F. A. Boyle & Co. v. Kittredge

Oh Rehearing.

Taliaferro, J.

The principal inquiry in this case is, was there a renunciation of prescription by defendants, or either of them, as contended by plaintiffs ? The facts pertinent to this inquiry seem to be that in March, 1865, in New Orleans, at the-counting house of Polhaus, the witness of plaintiffs, a conversation ensued between him and Kitt-redge, one of the defendants, in regard to some unpaid accounts due by Kittredge & Ewing to F. A. Boyle & Co. In his answer to the Sixth interrogatory propounded to him by plaintiffs, Polhaus referring to the time at which this conversation…