Marr v. Johnson

BARHAM, Judge.

This is a suit to recover the sum of $1,150.00 representing money loaned by J. P. Marr, the plaintiff, to his brother-in-law, J. J. Johnson. The indebtedness was not evidenced by a promissory note or other writing. Defendant pleaded three year prescription under LSA-C.C. art. 3538. The district judge denied the plea of prescription and entered judgment in favor of the plaintiff for $1,150.00, and from this judgment defendant has appealed.

The lower court, in written reasons for judgment, concluded that the loan was made on March 19, 1959; that on April 9, 1959, the defendant, by…