Cush v. Hailey

MARVIN, Judge.

Plaintiff appeals from the dismissal of his suit on a promissory note on an exception of liberative prescription. We affirm. C.C. Art. 3540.

The note, dated in 1966, was made by the decedent who died in 1974. Plaintiff filed suit on the note in 1975. Plaintiff testified that the decedent gave him in pledge a life insurance policy on decedent’s life which he held until a fire in plaintiff’s store destroyed the policy in 1968. The note shows that a life insurance policy was given as collateral security for the note.

Plaintiff contends the tolling of prescription is interrupted by…